Accident Report In Cae Employee Met With An Accident Outside The Premises While Retur

cmmohla
Dear All,
One of our employee while going back to home met with an accident.Do we need to give accident report to the ESI.
Kindly provide the suggestions.
Thanks & Regards
C.M.Mohla
ashe
Dear Mr Mohla ,
You need to give accident report for this with statements of 2 witness .
Ashe
Sharmila Das
Dear Mr. C.M. Mohla,
If the employee is covered under ESI Act then he would be definitely entitled to get the benefit from ESIC but you have to send the form no. 16, intimation of accident. Submit the accident report and get the copy of FIR from the police.
cmmohla
Dear Ashe,
How are we supposed to get witnesses statement when it is outside the office premises and we came to know about it only after 3-4 days of accident.
Kindly advise
Thanks & Regards
C.M.Mohla
soumik1570
there should be a nexus between the circumstances of the accident and the employment.
whether the accident occurs within or out of the territory is not important, if it is sufficiently proved , that the injury to the employee was by an accident arising out of and in the course of employment, no matter when and where it occurred.
Mere road accident on a public road while employee was on his way home or factory cannot be said to have its origin in his employment in the factory.
refer[ Regional Director ESI v Francis de Costa,1997LLJI34c]
So in your case sir, i don't think you have to pay ESI benefit.
but do wait for some seniors to pour their view into these...
varghesemathew
This case falls u/s 51 E of ESI Act. The accident shall be deemed as employment injury if nexus between the circumstances,time and place of accident is established.It is up to employee to establish this to the ESIC. Employer also should help the employee.You should notify this provision to the employee.Since inclusion of 51E the case referred by Mr Mukherjee is not relevent.If the employee is not an IP, employer will be liable under Employee Compensation Act if his employment is covered under schedule11 of EC Act.
Varghese Mathew
Labour Law Adviser
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ncknck01
Dear Mohla ,
First thing u need do is take FIR from police station where accident occurred then prepare all details of accident like place, time, date ,purpose of traveling then fill Form 16 & submit to Local ESI office branch.
Note:also take sketch copy of accident scene from police station
If planing for re-imbursement kindly let me know i will direct u
S.MANOHAR
There is ample case study and Court judgement on any accident happening outside the premises of factory. Basically, if an accident occurs on the way to his house either coming to duty or going to home after duty or has been sent on some duty it should be that the route taken is normal route and it should fall within 1 km radius from factory and it should have happened within one hour from the time of leaving the house and after leaving the premises of factory, then the nexus is established as circumstances to be termed as \"notional extension\" otherwise it does not qualify as accident that has taken place \" during and in the course of employment. Wherever it is not covered under ESI then the WCA Act will come into play. Every company should cover all its employees under separate Personal Accident Policy other than ESI or WCA Act invariably. Getting a Panchanama as witness is the job of Police before filing the FIR. One caution in this case if the employee claims under MV Act then he
Arun Kumar Maitra
Dear Mr. Manohar,
I appreciate your comments.However ,can you give reference of the judgement about notional extension ,if the accident happened within 1 KM radious from the factory?Can it be claimed in the absence of insertion of such provisions in the Act?
pkjain62
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[HTML]I agree with Mr. Methew that the case in hand will fall under section 51E of the ESI Act. This section inserted by Act 18 of 2010 applicable w.e.f. 1.6.2010, which provides that

“An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances time and place in which the accident occurred and the employment is established.”

But I don’t think there is any requirement to send form 16 for the employer in such a case. No employer to suppose to go polish station and obtain the FIR and then submit form 16. Although it is still a grey area and there is no clear cut guidelines so far on the subject.

You may please take reference of Reg 68 of ESIR, 1950 which provides the duty of employer as to when and what manner accident report to be sent. In such a case it is not necessary for employer to send report in form no.16. It is the duty of employee concerned to establish nexus of accident with the employment. However, the employer may furnish details of employment on demand of the ESI authorities.

PKJAIN[/HTML]
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