Accident on Duty: Should Commute Accidents Be Considered AOD?

I would like to request your advice on whether we should consider cases as Accidents On Duty (AOD) when an employee is involved in an accident while either coming in for their shift or heading back home after their shift.

Please advise.

Regards,
Ranjeet

Accidents on Duty: Clarification Needed

If an employee has an accident while traveling to or from home for duty, it will not be considered as duty hours, and therefore not deemed an accident on duty.

However, if an employee goes directly from home to any official work location authorized by the company and has an accident, it will be classified as an accident on duty.

Similarly, if an employee leaves the company premises for outdoor duty for the entire day without returning and has an accident, it will also be considered an accident on duty.

Experts, please correct if there are any mistakes.

Regards,
Smitha

If the accommodation is provided by the company and if the accident occurs while on the way to work or returning from work, then it is also considered an accident on duty. However, it will not affect the Safe Man-Hours calculation in the industry.

Thank you.

Thank you for your responses. After going through the ESCI Act, I found that outside accidents related to work should be included, i.e., incidents occurring while coming for the shift or while going back from the shift. However, I understand that there has been a judgment by the Supreme Court after which companies are not considering outside cases.

Could you please forward me the reference for the above-mentioned details, including the accommodation aspect as well?

Regards,
Ranjeet

Yes, you have to take it as an Accident on Duty. The compensation/treatment has to be handled by the employer or the ESI department (if applicable). In the amendment made in 2010 to the ESI Act, Section 51-E has been inserted.

Accidents Happening While Commuting to the Place of Work and Vice Versa

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 a nexus between the circumstances, time, and place in which the accident occurred and the employment is established.

Accidents on Duty: Clarification Needed

1) If an employee has an accident while coming to duty from home or going from duty to home, it is not considered as duty hours. Therefore, it will not be classified as an accident on duty.

2) If an employee goes directly from home to any authorized official work and has an accident, it will be considered as an accident on duty.

3) If an employee, after arriving at the company, goes for outdoor duty for the day without returning to the company and has an accident, it will be considered as an accident on duty.

Experts, please correct me if I am wrong.

Regards,
Jaydev

Dear Ranjeet, yes, you have to take it as an accident on duty. The compensation/treatment has to be taken by the employer/ESI department (if applicable). In the amendment made in 2010 of the ESI Act, Section 51-E has been inserted.

Accidents Happening While Commuting to the Place of Work and Vice Versa

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

This is the correct legal position. Any accident having a nexus with duty is said to have arisen while on duty.

Echoing Shenbagarajan... Bhaskar, despite company-provided accommodation/transport, it need not be considered a workplace accident. A comprehensive insurance cover offsets all such liabilities.

From residence coming to duty = on duty. From office to another place for official work = on duty. From residence to official work directly = on duty. From office to official work and then back to residence = on duty. From office back to your residence = on duty. Working outstation for official purposes = on duty.

I hope this clears your doubts.

Thanks
Regards