whether he was performing duty at that time, or he was called for duty on sunday. or he was influence of drink. number of factors should be taken in to consideration if it is fatal. but he is liable for treatment.
28th November 2013 From India
The employee is definitely elegible for medical treatment including superspeciality treatment (if need be), if he is covered under the ESI,irrespective of whether it is employment accident or not.
ADVOCATE & LABOUR LAW ADVISOR.
29th November 2013 From India, Chennai
By virtue of provisions contained in Section 51C of Employees' State Insurance Act, 1948, the accidents happened while travelling to or from the place of work of an employee is also coverable as out of or in the course of employment.;
But the member, who raised the question has stated that the accident happened on Sunday. It shows, perhaps that the employee met with an accident which is neither inside factory premises nor happened while travelling to or from the place of work. Hence, in my opinion, the same, cannot be treated as an employment injury under said Act.
However, the employee is entitled for Medical Benefit, if otherwise eligible.
30th November 2013 From India, Noida
3rd August 2015 From India, Chennai