Seeking Guidance: Is Compensation Possible for Contractor Employee's Accident Outside Work?

I want to have some guidance regarding compensation payable to the employee deployed by a contractor:

1) The employee is working as a helper (engaged through a contractor) in the field office.
2) The employee met with an accident while coming to the office.
3) The employee in question has been working for the last one year.
4) The employee is covered under the ESI and PF Act.

As the employee in question is not covered under the Factories Act since they work in a field office and the accident occurred outside the office (i.e., it did not arise out of and during the employment process), it does not fall within the purview of the ESI Act. Please guide if they are eligible for any compensation under the ESI Act.

R. Narwal

According to a recent amendment to the ESI Act, if an employee meets with an accident while going to the office of work or returning home from the office, it will be treated as an accident on duty provided the time of the accident and the place where the accident takes place match with his usual journey time and route to the office or back home. Please contact the ESIC for details and ask the Contractor to send the Accident Report at the earliest.

Regards,
Madhu.T.K

Dear Narwal,

Just use Form 16 (accident form) and immediately deposit it to the local ESI office. Once it is deposited, the employee can start getting treatment through ESI dispensary/hospital. Remaining formalities will be directed by ESI officials.

Regards,