Can My Commute Accident Be Considered a Work-Related Incident? Seeking Legal Guidance

I left the office at the usual time and met with an accident on 12/11/2010 on my way from the office to home, near my office, within one kilometer. I am working for a bank.

Accident on Duty Query

Is there any provision in any law where an accident on the way from the office to home is considered an accident on duty? I have been on leave for the last 5 months. Please advise me if you know anything about this matter. I also request you to tell me whether I can get any guidance from any source/forum.

Regards

Dear Satish, if you are working with a bank, then you must be covered under the corporate insurance for the employees. You should check on your employee site provided by the bank to see if they are covering this in your accident on duty case. When you meet with an accident during official hours, it is covered under your insurance and considered an accident on duty. The timing of when you met with the accident matters according to my knowledge. Kindly check your employee site provided by your bank.

Thanks & Regards,
Exploringtheworld

As per the law, an accident on the way from the office to home is not considered an accident on duty as it is not clearly defined in the Act. You may refer to the Employee State Insurance Act, 1948, Section 2(8): "employment injury" means a personal injury to an employee caused by an accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India.

Furthermore, as per Section 46(1), subject to the provisions of this Act, the insured persons, their dependents, or the persons mentioned hereinafter, as the case may be, shall be entitled to the following benefits, namely:

- Periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit).

It is advisable to consult with an expert on this matter.

Regards.

Hello friends, I don't think banks follow ESIC. Even we don't have ESIC in our service industry. In a bank or any other company, when you have group insurance or medical insurance for which you pay some premium and the company pays some premium, then you are eligible to get compensation for expenses spent on medical treatment as long as you are in the employment of that company. It does not matter whether the accident took place in the office, at home, or in some other city.

Please read your medical insurance policy carefully.

Long time I did not refer to the Acts because I am in the Gulf. Please go through the Factories Act and the Workmen's Compensation Act (I forgot). However, I am sure that, as per the definition/explanation given in one of the labor acts, it is considered that the employee is on duty from the time he leaves his home until he reaches home from work. It would be better to speak to an advocate.

Thanks,
Jijo

According to me, in your case, an accident on the way home does not "arise out of and in the course of employment," so it is not an accident on duty. (I am assuming that at the time of the accident, you were not traveling in transportation provided by the company.) I suggest you talk to a lawyer so that he can help you.

As other friends suggested, if you are covered under the company's group and medical insurance, then it will be helpful for you. Life is uncertain, and we all must have adequate life insurance policies for ourselves and our loved ones.

According to the law, an accident on the way from the office to home is not considered an accident on duty. Therefore, you should consult a legal professional. Take care.

As per my knowledge, if an on-roll employee is logically entitled to claim compensation from the company if, while coming to the office or going back home after the office, they meet with any accident (not criminal), it is logically applicable to claim from the company.

Since all industries and companies are covered by the Factories Act or related acts, you may contact any lawyer who specializes in company matters; they will guide you.

Regards

As per the ESI Amendment Act of 2010 under Section 51E, accidents occurring while commuting to the place of work and vice versa are covered by the act, as follows:

Section 51E

Section 51E states that an accident happening to an employee while traveling from their residence to the place of employment for duty or from the place of employment to their residence after completing duty shall be considered to have arisen out of and in the course of employment if a connection between the circumstances, time, and place of the accident and the employment is established.

However, in your case, the bank is not covered under the ESI Act to the best of my knowledge. You may want to inquire with your organization about a GPA Insurance policy; I believe it should be available.

Regards,
J. Basak

As per the ESI Amendment Act of 2010, under Section 51E, accidents occurring while commuting to the place of work and vice-versa are covered under the act. The section states the following:

Section 51E: 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.

Is this provision applicable under the Workers' Compensation (WC) policy? If yes, please provide the specific clause.

Thank you.