Dear Friends,
This is really the good topic to be discussed. As you many of you have quoted the employee is on the way to duty and so you have asked according to which law we need to pay, for this according to me we it is not according to any law but still you need to pay since the employee will be using the company vehicle and we need to do it on humanitarain grounds. If i am not wrong this was a judgement given in the court of law when one of the employee had gone to court in the same type of case, but i am not sure of details relating to this case.
And another point as mentioned by you any accident when the employee will be working is considered as injury on duty so that will come under the workmens compensation act.
Friends correct me if i am wrong about this matter.
Regards
Amith R.
From India, Bangalore
16This is really the good topic to be discussed. As you many of you have quoted the employee is on the way to duty and so you have asked according to which law we need to pay, for this according to me we it is not according to any law but still you need to pay since the employee will be using the company vehicle and we need to do it on humanitarain grounds. If i am not wrong this was a judgement given in the court of law when one of the employee had gone to court in the same type of case, but i am not sure of details relating to this case.
And another point as mentioned by you any accident when the employee will be working is considered as injury on duty so that will come under the workmens compensation act.
Friends correct me if i am wrong about this matter.
Regards
Amith R.
From India, Bangalore
An employee will be compensated under workmen compensation act only when the accident took place during the course of work likewise my question is whether the employee can ask for any compensation if the employee meet an accident when he travels to office in public vehicle or his own vehicle but not in a company provided vehicle.
From India, Madras
From India, Madras
Dear Amith,
I would like to differ from you, In case the employee is on his way to work and has met with an accident, he has a provision to be compensated by law. There is no question of humanitarian grounds as judgment has been given in the court of law in similar cases.
Dear Pramod,
I was going through this conversation and realized that you have put across the same question two times but got no response for the same.
“An employee will also be compensated if he/she meets with an accident when he travels to office in public vehicle or his own vehicle but not in a company provided vehicle.”
Warm Rgds
From India, Ghaziabad
I would like to differ from you, In case the employee is on his way to work and has met with an accident, he has a provision to be compensated by law. There is no question of humanitarian grounds as judgment has been given in the court of law in similar cases.
Dear Pramod,
I was going through this conversation and realized that you have put across the same question two times but got no response for the same.
“An employee will also be compensated if he/she meets with an accident when he travels to office in public vehicle or his own vehicle but not in a company provided vehicle.”
Warm Rgds
From India, Ghaziabad
Hi Kunjal
I would like to know why the employee has to be compensated if he/she meets with an accident on his/her way to office while travelling in a non- office provided vehicle?
Kindly throw some light on my query
Thanking you in anticipation
Indrani Chakraborty
From India, Pune
I would like to know why the employee has to be compensated if he/she meets with an accident on his/her way to office while travelling in a non- office provided vehicle?
Kindly throw some light on my query
Thanking you in anticipation
Indrani Chakraborty
From India, Pune
Dear Kunjal, Yes even i want the same clarification. And also clarify according to which law employee can get the compensation. Kindly throw some light on both...................... Regards Amith R.
From India, Bangalore
From India, Bangalore
Hello Friends,
I went thru all the conversations. I am sorry that i happen to come across this discussion very late. I noticed that this string could not be closed.
As per the provisions of Workmen's compensation Act -1923, accidents happening during the course of employment will be deemed to fetch the compensation from the employer. Going to office from Home and returning from office till home, this entire period of commuting is also regarded as the course of employment regardless of the mode of transport, be it company provided or public transport or private transport.
As per the provisions of Workmen's Compensation (Amendment) Act -2000
The minimum amount of compensation for death has been enhanced from the existing Rs 50,000 to Rs 80,000 and for permanent total disablement from the existing Rs 60,000 to Rs 90,000. Besides, the ceiling on monthly wage prescribed for determining the maximum amount of compensation has been enhanced from Rs 2,000 to Rs 4,000. The amount of funeral expenses payable has been increased from the existing Rs 1,000 to Rs 2,500.
Regards,
Amit Goyal
9811558950
From India, Delhi
I went thru all the conversations. I am sorry that i happen to come across this discussion very late. I noticed that this string could not be closed.
As per the provisions of Workmen's compensation Act -1923, accidents happening during the course of employment will be deemed to fetch the compensation from the employer. Going to office from Home and returning from office till home, this entire period of commuting is also regarded as the course of employment regardless of the mode of transport, be it company provided or public transport or private transport.
As per the provisions of Workmen's Compensation (Amendment) Act -2000
The minimum amount of compensation for death has been enhanced from the existing Rs 50,000 to Rs 80,000 and for permanent total disablement from the existing Rs 60,000 to Rs 90,000. Besides, the ceiling on monthly wage prescribed for determining the maximum amount of compensation has been enhanced from Rs 2,000 to Rs 4,000. The amount of funeral expenses payable has been increased from the existing Rs 1,000 to Rs 2,500.
Regards,
Amit Goyal
9811558950
From India, Delhi
Hi Friends
Thanks for such a huge response.....thanks a lot once again to all the mebers....
After reading all the responces Mgt. had decided to compensiate the affected employees......
Regards
Nikhil
From India, Delhi
Thanks for such a huge response.....thanks a lot once again to all the mebers....
After reading all the responces Mgt. had decided to compensiate the affected employees......
Regards
Nikhil
From India, Delhi
Road accident is not covered under ESI. But this accident will be counted a an accident arising in course of employment. Regds, Vikram
From India, Delhi
From India, Delhi
Hi.. I think the treatment facility shoulb be provide by employer till he is completely fit to come back. salary should be in employee favour. Thanks & Regds, Shahjahan
From India, Mumbai
From India, Mumbai
HI,
I WOULD LIKE TO ADD TO VIEWS ALREADY EXPRESSED
COMPANY IS LIABLE TO PAY COMPENSATION, THE SALARY TO THE EMPLOYEE SHOULD BE PAID, TILL THE EMPLOYEE IS FIT TO JOIN THE COMPANY, IF COVERED UNDER ESIC, THE ESIC WILL PAY FOR THE EMPLOYEES, BUT JUST BECAUSE EMPLOYEES ARE COVERED UNDER ESIC, DOESNT MAKE THEM NOT LIABLE FOR TREATMENT, BECAUSE AS PER LATEST JUDGMENT, ESIC CAN BE MATTER OF CHOICE FOR THE EMPLOYEE AND NOT MATTER OF COMPULSION.
THE MANAGEMENT CAN ALSO BE HELD LIABLE FOR COMPENSATION IF THE PARTICULAR CASE IS NOT HANDLED SENSITIVELY AND APPROPRIATELY.
WORKMENS COMPENSATION ACT AND ESIC ARE MAJOR ACTS YOU NEED REFER IN THIS PARTICULAR, WORKSMEN COMPENSATION ACT CAN ALSO BE SUBSTITUTED FOR TORT, AS SIMILAR PROVISION ALSO LIABLE UNDER THE LAW OF TORT.
ESIC DOESNT COVER ACCIDENTS, IT COVERS THE INABILITY OF THE EMPLOYEE TO PERFORM, IF HE MEETS WITH AN ACCIDENT.
THE EMPLOYEE WHEN COMING FOR WORK IF MET WITH ACCIDENT HAS TO BE PAID COMPENSATION, BECAUSE THERE IS PROVISION FOR THE SAME IN STATUTE.
SALARY HAS TO BE PAID TO EMPLOYEE, TILL THE EMPLOYEE IS CERTIFIED BY A DOCTOR,(AN MD AND NOT MBBS)THAT HE IS FIT RESUME HIS WORK
THANK YOU
OCTAVIOUS
From India, Mumbai
I WOULD LIKE TO ADD TO VIEWS ALREADY EXPRESSED
COMPANY IS LIABLE TO PAY COMPENSATION, THE SALARY TO THE EMPLOYEE SHOULD BE PAID, TILL THE EMPLOYEE IS FIT TO JOIN THE COMPANY, IF COVERED UNDER ESIC, THE ESIC WILL PAY FOR THE EMPLOYEES, BUT JUST BECAUSE EMPLOYEES ARE COVERED UNDER ESIC, DOESNT MAKE THEM NOT LIABLE FOR TREATMENT, BECAUSE AS PER LATEST JUDGMENT, ESIC CAN BE MATTER OF CHOICE FOR THE EMPLOYEE AND NOT MATTER OF COMPULSION.
THE MANAGEMENT CAN ALSO BE HELD LIABLE FOR COMPENSATION IF THE PARTICULAR CASE IS NOT HANDLED SENSITIVELY AND APPROPRIATELY.
WORKMENS COMPENSATION ACT AND ESIC ARE MAJOR ACTS YOU NEED REFER IN THIS PARTICULAR, WORKSMEN COMPENSATION ACT CAN ALSO BE SUBSTITUTED FOR TORT, AS SIMILAR PROVISION ALSO LIABLE UNDER THE LAW OF TORT.
ESIC DOESNT COVER ACCIDENTS, IT COVERS THE INABILITY OF THE EMPLOYEE TO PERFORM, IF HE MEETS WITH AN ACCIDENT.
THE EMPLOYEE WHEN COMING FOR WORK IF MET WITH ACCIDENT HAS TO BE PAID COMPENSATION, BECAUSE THERE IS PROVISION FOR THE SAME IN STATUTE.
SALARY HAS TO BE PAID TO EMPLOYEE, TILL THE EMPLOYEE IS CERTIFIED BY A DOCTOR,(AN MD AND NOT MBBS)THAT HE IS FIT RESUME HIS WORK
THANK YOU
OCTAVIOUS
From India, Mumbai
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Construction Accident.zip
Accident report1.doc
IS 3786 ACCIDENT CLASSIFICATION. pdf