| dear paras, The management has to provide the insurance to the employee. 1) whether he was covered under ESI or Not. 2) if not covered the company proviiding any insurance benefits to the employees. If he is covered he can go to ESI. but he is not eligible for the cash benefits. If he is not covered under ESI, check that the workmen compesation policy or any medical insurance policy applicable to him or not. he met an accident while coming to duty so it covers under workment compensation act 1923 Sec 3 "in the course of employment". so this act applicable to him. dear Paras in your case u just check employee covered by which act 1-workman compansation act 1923 or 2-ESI act if there is workman compensation 1923 is applicable then according to sec 3 " in the course of employment" the person is eligible for compansation. but in act clear that if the accident done in sortest route from home to company and company to home in coure of employement Sir, I am little doubt about aforementioned case. For example if an employee whose shift timing commences from 8 AM and he left his residence/home at about 6 AM and during the course of travel to come to attend his duty he met with an road accident, whether he is eligible for compensation under W.C. Act 1923. From the residence of the employee the distance of the factory is about 2 km. The question is that why he left his home two hrs before the commencement of shift. Pl provide guidelines on the subject and share . pkc3000 Dear pkc3000, Many case law is there as to how this needs to be decided on case to case basis. As you mentioned the distance from his home to factory is 2 km and he left from his home 2 hours before for some personal purposes then he is not entitled for compensation. However after his personal work, if he is establishing that on the way to factory, the accident is occured, they he is entitled for compensation, all this will be decided by the court of law. Regards, arlkrishna
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