In a case, one of the employees, while parking the vehicle in the parking area, his left calf burned due to the two-wheeler silencer. According to the injured employee, there was not enough space to come out, and his vehicle tilted, causing the injury. He was at home and is now asking for payment for full days since he had an accident on the company premises. Is it correct to pay him wages for the days he is absent?
From India, Pune
Acknowledge(0)
Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
As a common law rule you have to pay him full wages. Though this qualify as a case of Accident under Employee Compensation Act, but I suggest you pay him the wages.
From India, Kolkata
Acknowledge(0)Amend(0)
180From India, Kolkata
Acknowledge(0)Amend(0)
Incident Review and Compensation Considerations
The exact nature of the incident needs to be reviewed. A vague statement, as you have given above, will not suffice.
In general terms, an accident that occurs during employment is covered under the Employee Compensation Act. This incident did not happen during work hours as it occurred before the individual reported for duty. The location of the accident, being on company premises, is irrelevant in this case. People often assume that incidents on company premises are work-related due to the difficulty in determining the casual nature of actions within the premises. However, it is evident that this accident is not work-related.
The company did not provide him with the motorcycle, nor did they mandate him to use it for commuting to the office or specify where he should park it. Travel to and from work is not considered to be in the course of employment under this act.
If he is covered by ESIC, then you need to notify ESIC, and they will provide coverage for the incident. Under ESIC, accidents during the commute to work are considered to be in the course of employment.
Regards
From India, Mumbai
Acknowledge(0)Amend(0)
The exact nature of the incident needs to be reviewed. A vague statement, as you have given above, will not suffice.
In general terms, an accident that occurs during employment is covered under the Employee Compensation Act. This incident did not happen during work hours as it occurred before the individual reported for duty. The location of the accident, being on company premises, is irrelevant in this case. People often assume that incidents on company premises are work-related due to the difficulty in determining the casual nature of actions within the premises. However, it is evident that this accident is not work-related.
The company did not provide him with the motorcycle, nor did they mandate him to use it for commuting to the office or specify where he should park it. Travel to and from work is not considered to be in the course of employment under this act.
If he is covered by ESIC, then you need to notify ESIC, and they will provide coverage for the incident. Under ESIC, accidents during the commute to work are considered to be in the course of employment.
Regards
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Employee's Compensation Act-2009.pdf
THE EMPLOYEE COMPENSATION ACT.docx