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Please suggest if employee met with an accident during the tour or outside the premises what is statutory liability of employer
20th March 2018 From India, Indore
An accident caused to an employee while he is on tour is covered under the EC Act 1923 as he is entirely on duty while on tour. So the accident 'arose out of and in the course of employment'. As regards accident happening while being outside the premises, the factual position needs to be verified as to whether the 'accident arose out of and in the course of employment'. Both the conditions have to be met, with notional extension of employment he could be deemed to be in accident arose in the course of employment but the crux of the issue did it occur arose out of employee. In simple terms the question is whether the employee was at the accident site out of employment terms (like employer arranged transport which is mandatory) or was he like any other person (like in public transport)
21st March 2018 From India, Mumbai
The employee met with an accident during his tour ( tour means it is outside the work premises) is nothing but in the course of employment. The employee is eligible for compensation from the employer for his disablement and expenditure for the medical treatment.
Where is the problem?
21st March 2018 From India, Mumbai
thanks for your reply but which act it cover because ESIC and workman compensation act cover in within factory premises
If employee coming from home to office and met an accident its liability of employer or not
22nd March 2018 From India, Indore
If the employee is covered under ESIC then will receive compensation from ESIC or otherwise under EC Act.
23rd March 2018 From India, Mumbai
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