Queries
Dear All,
One of employee met with an accident while coming to the duty. Is it liability of a company that the company should give him a compensation? Company is responsible for the accident of an employee while coming to duty and going home from the duty?
Is there any act applicable to it?
14th July 2010 From India ,

PARTICIPATING IN DISCUSSION:
Malikjs
Service
Arlkrishna
Hr Professional
Mrnsarma
Manager Administratio
+6 Others

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.
15th July 2010 From India , Hyderabad

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
23rd September 2010 From India , Kanpur

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
24th September 2010 From India , Koraput

dear
in this case if said employee is covered under ESI than he will
get all benefits under ESI act and if he is not covered under ESI than workmen compensation act will
apply and as per WM compensation act he is not eligible.
regards
31st October 2010 From India , Delhi

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
10th June 2011 From India , Madras

Dear
As per my knowledge, the entitlement question of compensation will arise only when the employee suffers injuries while on official duty., i.e., after signing the attendance register having joined for the duties and travelling on official work
and met with accident while driving the vehicle as per the traffic rules or travelling in a hired/company vehicle only. Otherwise his entitlement is restricted to ESI
benefits or insurance as per his entitlement only.
Regards
18th August 2015 From India , Hyderabad

While considering the provisions of Employees compensation Act,for compensation two conditions are to be satisfied.
The accident should be during the course and arising out of employment.In the case cited by you ,it appears that the second
condition is not satisfied.The situation would be different,if the employee was using transport provided by the company.
3rd October 2015 From India , Pune

Employees compensation Act is applicable on the subject and in case the employee is insured under ESIC then as per the amendment in ESIC 2010 the said the employee will receive the benefit under the act.
www.lexlabour.com
8th February 2016 From India, Delhi

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