Is My Accident Near Work Considered On-Duty? Seeking Clarity on Legal Rights and Benefits

Dear sir,

I met with an accident (permanent disability) while going back home from my office (within 100 meters from my office). My employer said that it's not considered on duty, but I heard that it's on duty. Please clarify because I am planning to take legal action against my employer.

Also, please inform me if I am eligible for EDLI and EPS due to permanent disability.

With regards,

Ramakrishna Terapalli

Please furnish details of Coverage- ESI/EPF. Further, upload the Certificate of Disability for reference. Are you still in employment?

Dear sir,

Thank you for your response. My EPF contribution is Rs. 2040/- per month as an employee. I met an accident on dt. 23.6.2016, and I am still unable to work due to a Spinal cord injury. Since the day of the accident, my employer has been sending payslips up to the current month. I have a 90% disability.

Thank you.

Generally, compensation for injuries sustained in an employment accident resulting in permanent disability can be claimed under the Employees' Compensation Act, 1923 if the affected person is an employee as defined under Section 2(1)(dd) read with Schedule II of the Act. In case he is covered by the Employees' State Insurance Act, 1948, his relief lies only under that Act.

Therefore, your employment details such as your designation, nature of job, etc., the nature and extent of the disability as assessed by a registered medical practitioner, and whether you are an insured employee under the ESI Act are essential to suggest the legal action to be pursued.

Apart from whatever umakanthan53 Sir has mentioned, it is important to first investigate accidents that occur during the course of duty and those that happen outside of employment before discussing compensation.

Shri Ramakrishna: Answering your query regarding eligibility for EDLI & EPS, the position is as follows:

EDLI: As the name indicates, it is a life insurance and is not applicable in your case.

EPS: There is a provision for early pension in cases of non-employment before 58 years; otherwise, it is after superannuation only.

As regards the Employee Compensation Act, more facts are needed.

EDLI and Compensation Eligibility

EDLI applies only in death cases, and it is not necessary that it should occur during the course of employment. In your case, the employer is liable to pay compensation as per the Employees' Compensation Act, provided the notional extension rules are met. Since the accident took place within 100 meters from the workplace, this condition is said to be partially met. If the accident occurred at the same time you usually pass through the place, then the notional extension of time is also considered met. Obviously, if you are an ESI-covered employee, the compensation will be paid by the ESI Corporation in the form of a monthly pension.

Regards, Madhu T K