Seeking Advice: How Can I Get Compensation for Injuries from Company Transport Accident?

Accident and Injury Details

I met with an accident in company transport 3 to 4 times. The last accident I had was in May 2014. I was bedridden and on bed rest, couldn't walk or travel due to a brain injury, and had received 42 stitches on my head. I also had fractured ribs, an airline fracture in my shoulder, and leg injuries. As a result of the accident, it has become difficult for me to travel or work in any other company as I suffer from severe headaches, and my daily life is significantly impacted. My family is constantly worried whenever I leave home, as I often get confused crossing roads or using public transport.

Lack of Compensation and Current Situation

Unfortunately, my company did not provide any compensation or help me clear my medical bills. I was pressured to return to the office, but due to my medical condition, I had no choice but to resign. Now that I am no longer an employee of that company, I seek advice on how to request compensation for the injuries and losses I have suffered.

We are deeply saddened by the repeated accidents you have experienced while using company transport, which have significantly impacted your daily life. You may choose to file a complaint with the labor officer in your area. Prior to doing so, we recommend consulting with a reputable labor lawyer to effectively present your grievances and seek compensation. According to the Employees' Compensation Act, you are entitled to compensation for any injuries that occur while traveling in a company vehicle. Stay confident and courageous as you navigate through this situation. Take care.

Dear Deepali,

What happened to you was unfortunate. A series of misfortunes has struck you, and the latest one was extremely harmful. Earlier, there was a lot of discussion on a similar subject. You may refer to the following link for more information: https://www.citehr.com/527285-met-ac...d-vehicle.html.

Learned members have shared their varied opinions. I recommend going through that thread to find a solution. You may also upload the solution to assess its viability with the seniors.

Thanks,

Dinesh Divekar

Claiming Compensation Under the Employees Compensation Act, 1923

To successfully stake a claim for compensation under the Employees Compensation Act, 1923, the following facts should be present and proved with appropriate documentary and other evidence:

1. **Applicability of the Act of 1923:** It is crucial that the victim of the accident or workman should not have been covered by the Employees' State Insurance Act, 1948. It is possible that, by virtue of the ceiling on wages, some employees can be excluded from the coverage of the ESI Act, 1948.

2. **Employee Status:** To claim compensation under the EC Act, 1923, the victim of the employment accident must be an "employee" as defined under section 2(1)(dd) read with Schedule II of the Act. Here, the nomenclature of the employee's designation does not matter, but only the capacity of the employment as mentioned in the list contained in the Schedule. The list is exhaustive, not illustrative. In other words, if the victim's capacity of employment is not included in the list, they are out of the purview of the Act and hence cannot seek any remedy under the Act. So, Deepali, you have to ensure that you were an "employee" as per the Act at the time of the accident.

3. **Employment Accident:** The injury or death of the employee should have been caused by an employment accident. Neither the term "accident" nor the phrase "employment accident" is defined in the Act. They have to be inferred from the language of Section 3 of the Act, which prescribes the employer's liability for compensation. In other words, the liability of the employer to compensate will arise only when the personal injury or death of the employee is due to an accident arising out of and in the course of their employment. The phrase "ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT" does not stop with its literal meaning alone and is capable of extending beyond the zone of employment with reference to time and space. So, Deepali, if the accident occurred while you were traveling in the vehicle arranged by the company, it is a sure case of an employment accident.

4. **Disability Assessment:** The injury sustained in the employment accident should have resulted in partial disablement, permanent partial disablement, or total disablement of the employee. Partial disablement is of a temporary nature so as to reduce the earning capacity of the employee in any employment in which they were engaged at the time of the accident. Permanent partial disablement is of a permanent nature so as to reduce the earning capacity of the employee in every employment which they were capable of undertaking at the time of the accident. Every injury specified in Part II of Schedule I should be deemed to result in permanent partial disablement. Total disablement is such disablement, whether of a temporary or permanent nature, incapacitating the employee for all work they were capable of performing at the time of the accident. The injuries specified in Part I of Schedule I independently constitute permanent total disablement. However, if the aggregate percentage of the loss of earning capacity of any combination of the injuries in Part I and those of Part II amounts to 100% or more, it will also be construed as permanent total disablement. Therefore, the assessment of disability by a qualified medical practitioner and the issue of a disability certificate is an important step prior to making a claim for compensation. Deepali, it is better that you get yourself examined by an orthopedician and a neurologist and get separate disability certificates for rib fractures and brain injury.

5. **Medical Expenses Reimbursement:** As per the amendments effective from 18-01-2010, the newly inserted section 4(2A) provides that the employee shall be reimbursed the actual medical expenditure incurred by them for the treatment of injuries caused during the course of employment. So, collect the original medical bills you paid and add up the expenses to the compensation claim.

6. **Permanent Total Disability:** If the physical problems you allege to suffer even now are true, yours is a genuine case of permanent total disability. So the matter of your resignation could be another reasonable point substantiating your claim for compensation.

The limitation period for filing the claim is not yet over. Therefore, engage an experienced counsel in employees' compensation and get the claim filed before the area Commissioner for Employees' Compensation.

Wishing you good luck!

The advice by learned member Shri Umakanthan is exhaustive and practical considering the brief details given in your post. Was any FIR lodged in any of the cases of injury? Was the accident caused by a collision with another vehicle? I am sure all the medical papers would have been preserved safely by you. It appears to be a medicolegal case. Did you visit a government hospital or a private hospital after suffering injuries? A good lawyer would be able to help you get financial compensation. All the best for a quick recovery.

Yes, FIR was lodged. I was taken to a private hospital. My driver dozed off while driving, which was the reason for my accident. Yes, medical papers are available.

File a compensation claim in the appropriate court using a suitable advocate.

Due compensation, including for inconvenience and ill health, will be awarded.

The earlier, the better; before the limitation period sets in.

1. Sir, please also indicate whether your transport company was covered on the date of the accident under the ESI Act, 1948. If so, were you covered under the ESI Act, and was the contribution being deducted and paid by the employer?

2. If your transport company and you were covered under the ESI Act, 1948, then the employer will naturally deny liability for compensation under the ECA in court.

Just a note of difference for your kind attention Mr. Harsh Kumar. Ms. Deepali seems to have been the employee of the company, and the vehicle was arranged by it for transportation at the time of the accident. It might be its own vehicle or a hired one, which doesn't matter at all. Even if it happened to be a hired vehicle and that cabs have ESI coverage for its employees, it could be applicable only to the driver who drove the vehicle and caused the accident.

If an employee was covered under the EC Act, then compensation will flow from that source. If the car had valid insurance, then the insurance company should be liable to compensate the injured person. If nothing else, civil liability will attach, and a suit seeking compensation needs to be filed. The role of the employer of the injured person is also important; they cannot avoid compensating the worker/employee.

1. Sir, thank you, Mr. Umakanthan ji, for the remarks above. However, the initiator of this thread has mentioned, "I met with an accident in company transport." In my opinion, let the initiator of this thread explain the facts on the issues as raised by me. In addition, the question will also arise whether the said accident occurred out of and in the course of employment.

2. Sir, as you may have experienced many times, in cases under the Employees' Compensation Act, the employer puts forward his defense in the case that in his establishment, the ESI Act, 1948 is applicable, and the employee who is claiming compensation was also covered under the ESI Act, 1948. In such a situation, particularly as per the provisions of section 53 of the ESI Act, 1948, the Hon'ble Labour Court or appropriate court has no alternative except to dismiss the case filed by the employee.

Your viewpoint is also correct, Mr. Harshkumar. The simultaneous application of both the EC Act, 1923, and the ESI Act, 1948 to one industrial establishment is possible due to its location and the difference in the earnings of the employees, which are computable for the purpose of insurance cover under the latter. If the poster's employment was under a transport company, in such a typical situation, the employer will certainly adopt such a defense to disown his liability, as you have pointed out.

Unfortunately, many posters lack language skills, particularly in English when drafting their queries, inadvertently leaving out vital information, which creates room for communication gaps, as you have rightly mentioned. Therefore, at times, we have to offer our remarks based only on positive inference.

Thank you all for the assistance. I'm just not aware of any labor lawyer in my area (Bhandup, Mumbai). Can anyone please help me with any contact for the same?

---
Thank you for reaching out for assistance. It seems that I am unaware of any labor lawyer in my area, Bhandup, Mumbai. Could anyone provide me with a contact for this matter?

Compensation for Accidents Involving Company Transport

It seems the employee met with an accident while using company transport. It is unclear whether the incident occurred on board or on the road. If the employee was on board during travel, the responsibility is attributed to the company's service. The injury sustained requires observation for benefits in accordance with the schedule of the injury suffered. However, if the employee is unable to perform the same job or service due to incapacitation, the benefits should fully go to the employee. In such cases, the organization may offer a compensatory appointment to the next of kin by reducing the benefit. This could lead to pension benefits (compensation pension benefits), and the employee may permanently receive these benefits under EPF rules. Furthermore, a medical board should be constituted to grant such benefits, as the accident is the primary cause attributed to the permanent incapacitation of the employee.

If the accident occurred on the road while commuting to or from the organization or after performing a service, the situation changes entirely. The owner of the transport must provide compensation. After conducting an inquiry, if the injury incapacitated the employee, the organization may refer the case to the EPF authorities, recommending pension benefits, provided the authorities consider the case for incapacitation after verifying with medical authorities. In both scenarios, the benefits may vary, and the company has no obligation to offer employment to the next of kin. The attribution of the injury may lead to unemployment, and the responsibility rests with the employee and the private transport authorities.

Regardless of the scenario, unless we record the statements of imputations or statements of the employee and other related factors, we cannot come to a conclusion. The rules and regulations include EPF rules, Insurance rules, Pension rules, Organization State Accidents and Incidents (Employee Compensation Act), Medical Board (Permanent or temporary injuries), etc.

Best of luck...