Dear All, if an employee goes out for an offsite and gets hurt while doing cycling (which is not an official activity) during there free time. Will the employer be liable to pay compensation?
From India, Delhi
varghesemathew
906

Now freelance consultant in Labour law/HR
Not liable as the accident is not employment injury. Varghese Mathew
From India, Thiruvananthapuram
tushar.swar
205

Manager - Human Resource
But, if you have mediclaim facility then, he can under go.. subject to minimum 24hrs hospitalisation or as per rule in your policy..
From India, Mumbai
Hi Varghese,
It depends on the policies you defined for onsite deputation.
yes as defined above the employee has the provision to claim under medical onsite coverage.
It depends on the employees role, the organisation.
It is very different to different organisation.
you need to be sensitive. at times these actions can impact business and employee relationship.
you need to be watchful if you are small size company and growing company and if the employees deputed is critical resources.
In future if you don't have a policy implement and educate the employees prior to their deputation for onsite and have this defined in your employee handbook.

From India, Bangalore
Important point is he is at offsite hence the same can be considered as completely official trip, hence the same needs to be covered under Mediclaim policy. Whether company should bear the medical expenses if mediclaim does not cover it, depends on company policy.
From India, Mumbai
bijay_majumdar
325

Freelancer in HR &Indirect taxes for services indusrty.
Terms of Policy and the company Policy both needs to be considered before concluding on to claim issues.More specifically the terms of Policies of insurance needs to be satisfied to get the claims settled.Company however can always define Policies towards such cases and ensure welfare of the employees.
From India, Vadodara
psdhingra
384

Legal Analyst, HRM
Your question is incomplete, due to which members replies are based merely on their presumptions or guess on compensation. Compensation of what type, whether compensaation under workman's compensation act, medical reimbursement from the company, mediclaim from Health Insurance Plan of the Insurance Company?
Had you discussed the real problem as compared to an academic query, you could have got the perfect solution from the experts on the relevant issue on the type of compensation.
To avoid any misunderstanding or misconception, you must discuss the real problem to get some perfect solution to your problem.

From India, Delhi
psdhingra
384

Legal Analyst, HRM
The issue is not complex in any way, as you think, but the complexity is caused by your own uncertain and doubtful question. Neither you have made amention about naure of compensation nor about offsite while coming to or going from duty, or going to offsite for official duty, or whether cycling in his off time. Members should not be made to guess abut the real problem.
From India, Delhi
psdhingra
384

Legal Analyst, HRM
The issue is not complex in any way, as you think, but the complexity is caused by your own uncertain and doubtful question. Neither you have made amention about naure of compensation nor about offsite while coming to or going from duty, or going to offsite for official duty, or whether cycling in his off time. Members should not be made to guess about the real problem.
From India, Delhi
psdhingra
384

Legal Analyst, HRM
Mr. Nitin,
Can you please make your concept clear, if he is at offsite how the same can be considered as completely official trip?
attribution https://www.citehr.com/489961-query-...#ixzz2zazJG9dK

From India, Delhi

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