WHETHER ROADSIDE ACCIDENT COVERED IN ESI ?

Dear Friends,

If any employee covered by ESI meets with a road accident while going home or coming to duty, can they receive the benefits of ESI?

If an employee covered by ESI meets with a road accident while on official duty (OD) outside the plant, can they still receive the benefits of ESI?

If an employee covered by ESI meets with a road accident while coming to duty or going home after finishing his duty in the Company bus, can they avail the benefits of ESI?

Please clarify the situation in all these three different conditions.

Regards,
Vikram Singh

Hi Vikram,

In all three cases, if the employee visits the ESI dispensary for medication and checkups, only then will ESI consider anything. Otherwise, the employer must have a GPA policy. Thus, the employer can lodge a case with the insurance company for compensation in case of an accident.

Regards,
Umesh
umesh.chaudhary@ril.com
welcomeumesh@yahoo.com

Hi Vikram,

In all three cases, ESI claim is applicable provided that the employer fulfills the following requirements under ESIC Act:

1. Filing of the concerned employee's Declaration form in Form-3 with ESIC Branch Office within 10 days of joining.
2. Allotment of Insurance No. by ESIC and issuance of ESI-Identity Card.
3. Remittance of ESI amount through challan in authorized Bank.
4. Filing of ESIC Returns in Form-6 (Six months returns).

If you have any more doubts, please revert.

Regards,
Suresh

A few years back, there was a case concerning BEST (Maharashtra) and one of its employees who was gravely injured and then died. I don't have the full facts of the case with me. However, the ruling of the court was that from the moment an employee steps out of his home to go to the office until he gets back home is covered under the Workmen's Compensation Act.

Friend,

In all three cases, you can't get ESI cash benefits; the injured person can only receive medical care. ESI coverage is only applicable during the course of employment and is not covered outside of employment. Let me explain with an example.

One of our employees went home after completing his duty. While boarding the bus, he slipped on the steps and injured his right wrist. We submitted the Accident Report, but the ESI manager did not accept it because the incident occurred after the completion of his duty, and he was not performing his duties at the time of the accident. Even though he was within the premises, he was deemed ineligible for benefits.

If you need any clarification, please email me at raghava.reddy@example.com.

Raghava Reddy.N Executive - HR

I want a letter of undertaking from the employee for any accidents or physical damage, stating that the responsibilities lie solely with the employee and not the employer. The employee agrees to undertake this job at their own risk.

Dear Vikram,

All three cases that you mentioned are covered under ESI, and members will avail benefits from the coverage. All cases will be treated as accidents on duty.

To avail these benefits, you need to admit the victim to the nearby hospital and inform the branch office, and they will do the needful.