Employee coming to duty by a personal vehicle and got injured in an accident then "what is the employer's responsibility"? - CiteHR
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Pon1965
Construction
Pranab.kumar
Administration & Hr
Deepak Admin
Management
+4 Others

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Dear All, If a employee coming to duty by a personal vehicle and got injured in an accident then "what is the employer responsibility". With Regards, Alauddin Ansari
Dear Mr.Ansari ,
If a employee coming to duty by a personal vehicle and met accident then employer need to take responsibility and need to compensate .
To prevent such mishaps employer must take Off site safety precautions for his employees ( as it is Most valuable asset )
- Road safety awareness trainings
- Defensive driving training course
- Allow to come those having Authorized license
- For two wheelers - helmet compulsory ( ISI Mark)
- Make compulsory Seat belt usage
- Vehicle inspection by safety officer for basic things.
etc.
Thanks
Abhay

Hi
I think no company will take the responsibilty on them becuz he/she is not on duty & secondly most of the companies takes GPA( Group Personal accident) so that if any mishapping had done so employee can use the facility.
Thanks
Deepak

Hello!
The individual must be covered by Group Personal Accident Insurance. The individual was coming for duty wheather it was private vehicle or own vehicle does not matter.
If the individual is not covered by the Group Personal Accident then the employer has to bear the expenses.
Warm regards,
Pranab Chakraborty
9404384433

Employer is not not responsible for such accidents and related compensation. GPA is not mandatory. pon
Hello,
If the employee has not been provided any company's conveyance to report for duty and the route by which the employee concerned was coming for duty is a normal route, then this route is termed as "Notional Extension of duty place". In such cases, the employee is eligible for payment of Employees' Compensation as per Employees Compensation Act. Though the onus lies upon the employee to prove that the route he was taking to report for duty is the shortest and most convenient route, and this route is generally used by other employees also who happen to come from same or nearby places for duty. In such incidences, compensation has been paid, if proved.
AK Jain

Dear AK Jain
That's a perfect answer !!
I appreciate your understanding and expertise with respect to the Employee's Compensation Act and provisions.
Not just an accident while coming to workplace/office; but even any accident outstation in company's work is liable for compensation.
It does not matter, if the vehicle is personal (own vehicle), private (someone's or a friend's vehicle), hired (taxi or a contract carriage) or public transport (bus or train).
All companies/industries have to ensure compliance with the Act including submission of statutory returns.
Sadly. the lack of awareness indicates the level of compliance.
The procedure adopted to process such cases for compensation like constitution of a (standing) committee etc. and to enquire into such incidence for veracity of Claims; have also been discussed in certain threads in CiteHR.com.
Warm regards.

There are some cases
Employment of a workman does not commence until he has reached the place of employment and when he has left the place of employment, the journey to and from the place of employment being excluded.
Mummidipalli Syamaladvi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538, 2003 (97) FLR 372 (AP He).

Dear Pon
Could you give detailed reference of the case??
What you have referred looks like employment, and employment hours/period for the purpose of payment of wages. For thaat purpose, employment will definitely start when a person is at his place of employment and end when he leaves.
He can not claim wages for the period of journey.
Warm regards.

Dear Raj Kumar,
Read this SC judgement wherein the road accident occurred outside the premises and the compensation repudiation.
The Regional Director,E.S.I. ... vs Francis De Costa & Anr on 11 September, 1996
The Regional Director,E.S.I. ... vs Francis De Costa & Anr on 11 September, 1996
pon, chennai


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