Legal points in onduty service and EPFO on permanent disability - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
KK!HR
Management Consultancy
Srinath Sai Ram
Hr Manager
Ramakrishna Terapalli
Asst Manager- Odisha

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Dear sir, I met with an accident (permanent disability)while going back to home from my office(within 100mts from my office). My employer said that its not considered on duty,but I heard that its onduty. Please clarify because I am planning to take legal action against my employer.
And also Please inform I am eligible for EDLI and EPS or not due to permanent disability
With regards,
Ramakrishna Terapalli

Please furnish details of Coverage-ESI/EPF.Further upload the Certificate of Disability for reference.Are you still in Employment
Dear sir,
Thank you for your response
My EPF contribution is Rs.2040/- per month as employee.
I met an accident on dt.23.6.2016,still I am unable to do the work due to Spinal cord injury. From the day of accident my employer sending payslips till the month.
90% disability

Dear Ramakrishna,
Generally, compensation for injuries sustained in an employment accident resulting in permanent disability can be claimed under the Employees Compensation Act,1923 if the affected person is an employee as defined u/s 2(1)(dd) read with Schedule II of the Act. In case he is covered by the Employees State Insurance Act,1948, his relief lies only under that Act.
Therefore, your employment details like your designation, nature of job etc., the nature and the extent of the disability as assessed by a registered Medical Practitioner and whether you are an insured employee under the ESI Act are essential to suggest the legal action to be pursued.

Apart from whatever umakanthan53 Sir has told need to check first accident arising in course of duty & out of employment first to talk for compensation.
Shri Ramakrishna: Answering your query regarding eligibility for EDLI & EPS, the position is as follows:
EDLI: As the name indicates, it is a life insurance and is not attracted in your case.
EPS: There is a provision for early pension in cases of non-employment before 58 years, otherwise it is after superannuation only.
As regards Employee Compensation Act , more facts are needed.

EDLI applies only in death cases and it is not necessary that it should be during the course of employment.
In your case the employer is liable to pay compensation as per Employees Compensation Act provided the notional extension rules are met. Since the accident has taken place within 100 mts from the work place the same is said to be met partially. If the accident had taken place at the same time at which you usually pass through the place, then the notional extension of time is also said to be met. Obviously, if you are an ESi covered employee the compensation will be paid by the ESI corporation in the form of monthly pension.
Madhu T K

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