Godse Sopan Karbhari Started The Discussion:
What is a reportable accident?
1. A road accident of a workmen while coming on duty by which he is unable to attend duty for 3 days. Is it a reportable accident as per Factory Act?
2.Is he eligible to receive compensation as per the WC act?
3.If there is no disability as specified in the WC Act, but there are hospitalisation expenses, is the company liable to clear the medical bills?
4. What happens to his attendance for the days he remained absent?
In my view this will not be a reportable accident. It is implied in this case, there will be a police complaint and investigation, to ascertain what actually happened, and as to who was at fault. Separate legal procedings could be initiated against the wrong doer, in case one can establish, negligence,or violaton of any rules of conduct.
The reportable accidents in factories are those where the individulal during the course of employment has been involved in an accident. on the premises. Nornmally, the individual should be on the premises of the establishment, or at a place other than the premises, where he was supposed to discharge any official functions.
If the organisation is a factory to which the Factories Act applies, section 88 will come into play wherein any accident involving a bodily injury which prevents the workman from work for 48 hours , is to be reported within presicribed time to the authorities. In case ESI is applicable then no compensation needs to be paid under Employees Compensation act, otherwise compensation is payable under EC Act. If there is no disability as per EC Act then compensation is not payable, there is no provision for settling of hospital bill by employer also. The absence can be treated as sick leave upon his application.
I agree with the opinion of Cyril. Accident report to be filed under Factories Act, if it happens with in the factory premises. Factory Inspector has power only with in the premises of the factory. not out side. Here in this case, accident is out side the premises and hence need not be reported.
It is not mentioned that whether the employee is availing traveling facility provided by the employer.If he is using the facility provided by the employer, it may be reported to ESIC and ESI Corporation will take care of.
No question of compensation under Employees Compensation Act.
Ii the discretion of management . No statutory liability in this.
If the accident comes with in the limits of ESI coverage, then the Corporation will make the leave payment from their fund.
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