A driver an insured employee under ESI Act. Normally we engage drivers on a consolidated salary, say Rs 12,000/- per month. His nature of the job is such that he drops daily at 10 AM in the office. Thereafter he remains idle in office, only in case of outside meeting, his service again is demanded. Office duty hours are from 10 AM to 5 PM with a one-hour lunch break. Beyond this office hours, if his service is taken at midnight and he does accident, whether he will be covered for accident benefit.

Insurance contribution is paid every month against his wages of Rs. 12000/-pm. ESI authority may claim that since the accident happened beyond duty hours and no overtime ESI contribution was paid, he is not eligible for accident benefit. What is the exact position so far the ESI act is concerned?

From India, Kolkata
The ESI authority may be right in denying your claim that accident not happened during the course of employment. But he can take medical facilities for his injuries and recovery from his physical ill health.

This is the reason why most of the companies goes for GPA called Group personal accident policy with some of the public sector Insurance companies, where these type of injuries are covered with medical benefits and also compensation will be paid as per your policy terms.

From India, New Delhi

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