Employee Road Accident After Work: Should It Count as a Lost Time Incident?

Guidance Needed on Employee Accident

I need your guidance on the following. One of our company employees met with a road accident while returning home after finishing his duties on a motorcycle. He has been hospitalized for two days now.

• Whether this incident should be considered a lost time incident in the company's annual statistics.
• Are there any liabilities on the company in this case regarding compensation, etc.

Please advise.

Regards,
Ajay

Dear Friend, Was he covered under the ESI scheme? If so, while returning home after finishing his duties, he will come under the purview of employment injury and would be eligible for ESI benefits. Kindly inform the nearest dispensary.

On humanitarian grounds, the company should take care of his medical expenses since this injury is connected with employment.

Regards,
Alphonse

Thank you for the immediate reply. On humanitarian grounds, the company has already started taking care of him. The person is covered under ESI. However, I would like to know the legal aspects for my knowledge and whether I should include this incident in my annual statistics for calculating the frequency rate and SR of the company or not. Please guide accordingly.

Regards,
Ajay

Dear Ajay, you don't need to count this case as an LTI in your annual statistics. This is an off-site incident, and you only need to report this case and claim it to the insurance company for the insurance benefits.

Acknowledgment

Dear Mr. Alphonse, thank you for your valuable inputs. Keep participating and sharing.

Regards

Dear Alphonse, please go through the below thread. I hope this will answer your query: https://www.citehr.com/340743-rate-a...man-hours.html

Thank you for your reply. What about company liabilities in case the person is not covered under ESI? Is it the company's responsibility as per the law in this case?

Regards,
Ajay

As the accident happened off-site and after working hours, it doesn't come under your company's liability. However, if your company is covered by any insurance, you need to inform them immediately orally within 24 hours and through a letter within a week.

It would be appreciated if you could provide support and treatment from the company's side on humanitarian grounds.

With regards,
P.V. Ramana Kumar
Soma Enterprise Limited
Bangalore

Dear Ajay, Please note that if any accidents occur outside the premises, as a statutory requirement, you need not worry as the employer. A recent judgment by the Chennai High Court in a similar case stated that if transportation is provided by the employer for employees, then only the employer has to compensate in any way, whether through insurance coverage or from their own pocket if coverage is not in place.

Regards,
Nilesh Kumar Harge

If your employees are covered under ESIC, then the company is responsible within a 4-kilometer area and half-hour time for returning and coming back to the company.

Thanks,
Pawan Bhatia
[Phone Number Removed For Privacy Reasons]

While returning home after finishing his duties, he may come into contact with an employment injury. This would be considered an off-site incident, and in order to receive insurance benefits, this case needs to be reported and a claim needs to be filed with the insurance provider. If he has an ESI card from the nearest dispensary to his house or company, then he should inform the nearest dispensary.

On humanitarian grounds, the company should take care of his medical expenses since this injury is connected to his employment. This case should not be counted as an LTI in your Annual Statistics.

Thank you.

Dear Nilesh Kumar Ji,

1. What about notional extension? Is it not applicable when the employer is providing a transport facility?

2. If transportation is provided by the employer, in the case of catching the company bus or cab provided for employee transportation, if one uses any other mode of transportation, does it fall under any statutory liability? This is because the employer may not be able to provide transportation at their doorstep.

Much regards,

Nagarjuna Kandimalla
HR - NATCO PHARMA LIMITED

I would like to share my comments on Point No. 2 [B] regarding transportation provided by the employer. If the company offers transportation such as a bus or cab for employees to use, and an employee chooses to use a different mode of transportation, does this still fall under any statutory liability? This question arises because the employer may not be able to provide transportation at the employee's doorstep.

This situation implies that the company has provided transportation for pick-up and drop-off using the company vehicle exclusively. In such cases, the employer is not held responsible for accidents that may occur while employees catch the company-provided transport.

In my current organization, we have opted for both EC and GPA Policies to cover all possible accident scenarios, even though it is not mandatory by law or any statutory regulations.

Please feel free to reach out if you require any further assistance.

Regards,
Nilesh Kumar Harge
Associate Manager HR
Fainger Leser Valves (P.) Ltd., Aurangabad.

Dear Sir, I need your guidance on the following issue. Suppose any of the company's employees meets with a road accident while going to a meeting or while performing company work during office hours. In the event of an accident occurring, will he/she be eligible for ESI benefits or any medical benefits provided by the company? If so, are there any criteria set by the company or any government laws regarding this matter?

Kindly share your valuable views on this issue.

Regards,
Ankit Saxena

If a company employee is involved in an accident while going for a meeting during official working hours, they are eligible to receive benefits. However, we must have some proof, such as a Gate Pass or an Outdoor Duty Form, to demonstrate that they were on an official assignment at the time of the accident.

Even in cases where an employee meets with an accident off the premises due to the nature of their job involving extensive traveling, you might remember that when taking out insurance coverage, we need to mention the "Nature of work."

Even in exceptional cases, you can claim on the grounds that due to the exigency of work, the employee was sent out for Outdoor Duty.

Regards,
Nilesh Kumar Harge
Associate Manager HR
Fainger Leser Valves (P.) Ltd.
Aurangabad.

In connection with the counting of lost time, it should not arise since the workman completed his shift working hours. Therefore, it should not be counted for annual statistics.

Since the workman met with an accident while returning home after completing his duties, the case will fall under the theory of notional extension of employment. Thus, the employer is liable to pay compensation for the personal injury caused to a workman by an accident that occurred beyond his working hours and beyond his workplace.

If the workman is covered under ESIS, he will get benefits as per the scheme.

If he is covered under the Group Medical Scheme or Group Personal Accident policy, the workman will receive all eligible benefits such as hospitalization charges, wages during the absence from duties, etc. However, you will have to check the terms of the policy.

I hope this clarifies all your queries.

Regards,
R D Watve

Thank you for the valuable information. Are there any limits or rules regarding companies' responsibilities, as mentioned earlier by Mr. Bhatia in this discussion, regarding a specific range of distance from the company premises or within a particular time frame? I am a little bit confused on the same.

Regards,
Ajay

The accident occurred outside the office premises after office hours, so there is no need to request any compensation from the employer's side. Whatever Nilesh Kumar mentioned is absolutely correct.

Regards,
Satyaprasad Rayudu.

Companies' responsibility is to provide medical treatment to a worker until they recover from an accidental injury only. In a practical sense, you cannot decide where your worker should reside; hence, no limit for the distance from the company to the residence can be taken into consideration for providing medical treatment. However, if a worker is involved in an accident under the influence of alcohol or any narcotic substance, the employer can refuse to pay for medical treatment.

Regards,
R D Watve

Dear Nilesh Sir & Watve Sir, thank you both for sharing the valuable information. Thanks to all those who shared their views once again.

Regards,
Ajay

Latest ESI Notification

The latest ESI Notification is enclosed herewith. You can see Sl. no. 13 (Section 51E) regarding road accident benefits under the ESI scheme.

Regards,
Alphonse
[Phone Number Removed For Privacy Reasons]

One of the sales staff employees covered under ESI met with a fatal road accident during working hours at the place of posting. Kindly advise on the liability of the employer and benefits under ESI.

Regards,
Renu

Dear All,

One of our company security guards met with an accident while coming on duty. An unknown four-wheeler vehicle hit him, and sadly, after only 3 days of joining, he passed away. Our establishment is covered under ESIC, but the contractor did not register his name under ESIC. The family is now requesting workers' compensation. Kindly provide guidance on this matter.

Thank you.

Accident and Employment Concerns

I met with an accident on 21 Aug 2017. A Mercedes hit me while I was on the roadside working on a project for my market research company. My right leg tibia and fibula were both broken and operated on by an orthopedic surgeon. I spent 9 months in recovery, but the bones did not heal. The company management forced me to return to fieldwork quickly. I complied during the treatment, but the doctor advised me to take on light work, preferably a sitting job. However, the company denied the doctor's advice and insisted on fieldwork.

I am unable to move properly as I have 15 screws and a plate in my right leg, which does not support me well. I am afraid to move on the road and scared to face traffic due to the drivers being unaware of my situation.

The company's HR declined my request for a sitting job, stating that my job profile is that of a field worker, and they do not permit office or sitting roles. I am completely depressed, having lost my future dreams along with financial losses. I am unsure about the amount I may receive as a claim for my temporary total disability, considering I earn 24,520/- per month. Please provide assistance and remarks.

Regards, Amit Kumar