Khaleel Saudagar

Dear Sirs
If any employee while coming for duty from his residence or going to his residence after the duty hours, meets with an accident and receives non-fatal or fatal injuries, then can he claim any compensation from the Employer or is the Employer bound to give compensation to the injured and if so, under which Section of the Law?

From India, Kadapa
Industrial Relations And Labour Laws
Khaleel Saudagar
Cvo/head-hr & Admin
Management Consultancy
HR Professional
Retd Hr Professional

HR professional

Mr Khaleel

He cannot claim any compensation from the employer. If he is covered under ESIC he will get medical benefit,leave payment for the rest period as prescribed by the medical officer.
If he is exempted from ESIC , but insured
under medical insurance provided by the company, he can utilise.
If he is covered under personal accident insurance he can claim compensation.

From India, Bengaluru

The provision in the EC Act 1923 is that the accident has to arise 'out of and in the course of employment' for compensation to be payable. The notional extension of employment theory allows the travel period to be in the course of employment, but the pertinent fact is whether the injured employee was there on account of employment or the terms of employment necessitated the presence of the employee at the site of accident, then only the compensation is payable. If the employee was there just like any bystander at the accident site then compensation is not payable. Pl examine the facts of the matter thoroughly in the above light before drawing the conclusion.
From India, Mumbai
HR professional

Mr Kaleel Further if he has BPL card he can avail medical benefit . On humanitarian ground Management can extend some financial help and company employees as well Regards
From India, Bengaluru

An employee who meets with an accident while coming to work place or going back home after work will be eligible to get compensation/ accident benefits from ESI Corporation or from the employer himself, if the employee is not covered by ESI schemes, provided the place of accident and the time of accident match with the place along which and time at which he regularly commutes to and fro the work place. The notional extension of workplace will apply in such cases. In case the employee is covered by ESI, the employer shall upload form 12 in the ESI portal. After that he has to submit a site map of the place of accident (a drawing showing the place of accident) Obviously, in the accident report the time of completion of work on the day of accident or the time at which he is expected to report to work will be available. That will help the Corporation to decide whether notional extension would apply to the particular case or not.

In the case of employee not under ESI, the policy the employer would have taken under the provisions of Employees Compensation Act also covers such road accidents. In case the employer has not taken any policy to cover the compensation payable under Employees Compensation Act, the employer should bear it.

From India, Kannur

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.

About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2023 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server