Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kknair
Hr, Ir, Law, Disc. Matters
Guptakmanish29
Hr Professional
Bandna Jamwal
Hr Executive
Pritpal3
Profesional
+4 Others

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Dear Seniors,
Kindly advise me in one accident case. Our company driver met with an accident on 08.12.2013. He was not on duty that time.
1. Should I submit his Accident Report to the nearest branch office so that he can get the ESIC benefits.
2. Should I show in the reports that he was on duty at that time.
Kindly guide me in this matter.
Thanks
BANDNA JAMWAL

Dear Bandana,
Following documents need to submit to the ESIC office immediately.
1) Accident report (Online)
2) Witness statement
ESIC inspector will ask for further document
You can show him on office duty but should have proof like signature on attendance register (If movement done from office) and record state that he is in office job.
REgards,

What was he actually doing at the time of the accident ?
There are already many court judgements that have stated that travelling to and from work is accident in course of employment. Does your case fall in this category ?

I think that this case doesn't fall in this category because he had come back after dispatching the goods at the destination. He had come in the factory. After that there was no goods for dispatching till night. In between he has gone to his home for personal work which is far from factory just 3 to 4 km. He went from his home to his farm for his own work & He was on bike & hit with a car & injured.
Kindly advise me that it is right to manupulate a case for getting ESIC benefits. If No then Why???? If Yes then WHY???? Kindly help me.
Thanks & Regards
Bandna Jamwal

I think this case might fall in the rule.
Since he was on way home from work (being officially allowed to leave)
Manipulation of records is not something I condone, but it's done all the time when the management wants to help out a worker at no cost to himself

Hello Bandna et al, This is not a case of accident arising out of employment as has been clarified by you since he was on a private visit to his farm when the accident occured. The presumption under Section 51-A as well as 51-E are not attracted in this matter. It will be ethically and morally wrong to give a false statement besides being punishable under Section 84 of the ESI Act 1948. KK
Mr K K Nair is correct.Converting it into Employment injury is not correct,as it may invite action by ESC against the employer u/s 840of the ESI Act. Varghese Mathew 9961266966
Dear
Either he was on duty or he was comming for duty or going from duty then he si lible for Esic.
Other wise you can show on duty bu punching or attandance register on behalf of thease you can take benifite for this you have to register online accident report form no.12.
Regards
Tejbhan

The Accident was not happened during duty time. He may take treatment in ESI hospital. But he cannot claim any benefit except leave benefit
If the accident was happened non duty hours, he may take treatment at ESIC Hospital. But he is not eligible for other benefits except leave benefits

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