Saswatabanerjee
Partner - Risk Management
+1 Other

In a case, one of the employees while parking the vehicle in parking area, his left calf burn due to two wheeler silencer. As per the injured, there was no sufficient space to come out and his vehicle tilted and got injured.He was at home, and now asking for payment for full days, since he met with an accident in company premises. Is it correct to pay him wages for absent days.?
3rd November 2016 From India, Pune
As a common law rule you have to pay him full wages. Though this qualify as a case of Accident under Employee Compensation Act, but I suggest you pay him the wages.
3rd November 2016 From India, Kolkata
The exact nature of the incident needs to be reviewed. A vague statement as you have given above will not suffice.

In general terms, an accident that is in course of employment is covered under employee compensation act. This is not in course of employment as the accident took place before he reported for work. The fact that it's in the comoany premises is immaterial in this case. Mostly people consider in comoany premises to be in course of work simply because the casual nature of actions is difficult to determine inside the premises. However, in this case it is very clear that the accident is not in course of employment.

The company has not given him the motorcycle nor mandated him to come to office in it, or specified the place where he needs to park. Travel to and from work is not covered as in course of employment for this act.

However, if he is covered by ESIC, then you need to notify ESIC and they would cover the same. Under ESIC, accident during commute to work is covered as in course of employment
11th November 2016 From India, Mumbai
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