Hi, An employee was on leave on a particular day when he met with an accident. Does the employer need to file an accident report with ESI, or does it fall under employment injury? Please advise on this matter.
From India, Madurai
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From India, Madurai
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Though it is not an employment injury, the employee will be entitled to medical and sickness benefits from ESI Corporation. No compensation is payable in this case.
From India, Mumbai
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1593From India, Mumbai
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Hello, Leave means permission to remain away from work. In that case, one of the conditions, i.e., in the course of employment, is not met. The other condition is 'arising out of'. In many cases, although on leave, employees are contacted for work-related issues. If that is so, then an accident while doing the company's work will be considered an employment injury, and the employee will be entitled to compensation.
For example, a driver is on leave in his native place. The company has a parcel to deliver to a place near his native place and to be collected also from another place near his native place. If he meets with an accident while doing that, it will be considered an employment injury.
Every case will have to be examined. No one can say for sure whether an employee is available for accident compensation while on leave.
Vibhakar Ramtirthkar
From India, Pune
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For example, a driver is on leave in his native place. The company has a parcel to deliver to a place near his native place and to be collected also from another place near his native place. If he meets with an accident while doing that, it will be considered an employment injury.
Every case will have to be examined. No one can say for sure whether an employee is available for accident compensation while on leave.
Vibhakar Ramtirthkar
From India, Pune
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In order to be entitled to compensation for any injury under ESI or the Employees' Compensation Act, the accident should have happened during the course of employment and arisen out of employment. In the case of an employee on leave, both of these conditions are absent, and hence, they are not eligible for any compensation either from ESIC or from the employer.
From India, Kannur
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From India, Kannur
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Employee's Compensation Act-2009.pdf
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THE EMPLOYEE COMPENSATION ACT.docx