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jaatraja
2

Please suggest if employee met with an accident during the tour or outside the premises what is statutory liability of employer
From India, Indore
KK!HR
1530

An accident caused to an employee while he is on tour is covered under the EC Act 1923 as he is entirely on duty while on tour. So the accident 'arose out of and in the course of employment'. As regards accident happening while being outside the premises, the factual position needs to be verified as to whether the 'accident arose out of and in the course of employment'. Both the conditions have to be met, with notional extension of employment he could be deemed to be in accident arose in the course of employment but the crux of the issue did it occur arose out of employee. In simple terms the question is whether the employee was at the accident site out of employment terms (like employer arranged transport which is mandatory) or was he like any other person (like in public transport)
From India, Mumbai
PRABHAT RANJAN MOHANTY
581

The employee met with an accident during his tour ( tour means it is outside the work premises) is nothing but in the course of employment. The employee is eligible for compensation from the employer for his disablement and expenditure for the medical treatment.
Where is the problem?

From India, Mumbai
jaatraja
2

thanks for your reply but which act it cover because ESIC and workman compensation act cover in within factory premises
If employee coming from home to office and met an accident its liability of employer or not

From India, Indore
PRABHAT RANJAN MOHANTY
581

If the employee is covered under ESIC then will receive compensation from ESIC or otherwise under EC Act.
From India, Mumbai
swati-rathod
If employee coming from home to office and met an accident its liability of employer or not

vmlakshminarayanan
919

Hi,

If the Employee is covered under ESI ESI Act? The accidents caused during commutation to work and back are considered work related and paid benefits to the covered IPs.

If Employer had provided Mediclaim insurance facility the the same can also be utilized for hospitalization expenses.

From India, Madras
PRABHAT RANJAN MOHANTY
581

The EC Acts only applicanle to the employee while functioning in an establishment has sustained any personal injury (whether physical or phycological) by an accident, then employer shall be liable to compensate such an employee.
Any accident to employee out side work premises does not come under the liability to the employer. But, the employee can get compensation, where employer has taken insurance or other wise not.

From India, Mumbai
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