recently ESI has covered pension scheme those who met an accident for the events of come from home or going to home .
so in my view, it is expected that the compensation act will also be applicable.
my advice is better to get a Group Insurance scheme for your employees from the insurer such as United India Insurance Company etc. it will help those who not covered by ESI.
Regs
G.Prabhakar
From India, New Delhi
so in my view, it is expected that the compensation act will also be applicable.
my advice is better to get a Group Insurance scheme for your employees from the insurer such as United India Insurance Company etc. it will help those who not covered by ESI.
Regs
G.Prabhakar
From India, New Delhi
Workmen's Compensation Act is now called Employee's Compensation Act. There is no precise definition of an accident which has occurred in course of employment or arisen out of employment A great deal depends on the facts related to the accident such as how close was the spot of accident to the factory, was it the only route available to the factory, time of the accident - was it close to the duty hours etc.
From India, New Delhi
1From India, New Delhi
Dear Sir,
The only questions are :- (1) Whether those employees are on employment rolls at the time of accident? (2) Was them on the way to report for work ? (3) Was the accident a not a false and fabricated one? (4) Was the hospital stoppage prolonged more than 3 days ?
If answer is YES, the employer is bound to pay the compensation as that accident should be treated as those employees were while on duty and the
"Principle of Notional Extension" has to be considered by the Management.
From India, Kochi
The only questions are :- (1) Whether those employees are on employment rolls at the time of accident? (2) Was them on the way to report for work ? (3) Was the accident a not a false and fabricated one? (4) Was the hospital stoppage prolonged more than 3 days ?
If answer is YES, the employer is bound to pay the compensation as that accident should be treated as those employees were while on duty and the
"Principle of Notional Extension" has to be considered by the Management.
From India, Kochi
Dear Sir,
If those employees are on rolls, and they are on the way to report of work and the hospital stoppage is prolonged for more than 3 days and the accident was not a false & fabricated one, the employer is bound to pay the Half monthly compensation as per relevant statutes, considering the PRINCIPLE OF NOTIONAL EXTENSIONS.
Jagdish.K.
H.R Consultant, Corporate Links, Kochi.
+91 9947662384
From India, Kochi
If those employees are on rolls, and they are on the way to report of work and the hospital stoppage is prolonged for more than 3 days and the accident was not a false & fabricated one, the employer is bound to pay the Half monthly compensation as per relevant statutes, considering the PRINCIPLE OF NOTIONAL EXTENSIONS.
Jagdish.K.
H.R Consultant, Corporate Links, Kochi.
+91 9947662384
From India, Kochi
This is what it makes a difference to work in a public sector company. In such a simillar case my company not only bears all the medical expenses, but also grants official disability leave. This case is treated as injury on duty. As mentioned earlier try to compensate your company by taking group accident insurance. This will boost your employee's morale.
Regards
Subhendra Mishra
NALCO
From India
Regards
Subhendra Mishra
NALCO
From India
When there is no ESI coverage for the locality where the factory is situated, Employees' Compensation Act (formarly known as Workmen Compensation Act) will applicable. In this act it is clearly mentioned that, an accident happened while working or during the course of employment is an industrial accident. In your case, if the accident happend while coming to the work or going to home after the work, it is your responsibility to take care of Medical Expenses as well as compensation if any disablement happens.
The 1 km radious clause was applicable to ESI as per Court Judgment. But now this also gone. In the recent amendment in ESI act, any accident while working and during the course of employment is an industrial acciddent, provided nexus between circumstance, time and place of accident should be taken into consideration.
Regards
Udayakumar G
9443628322
From India, Madras
The 1 km radious clause was applicable to ESI as per Court Judgment. But now this also gone. In the recent amendment in ESI act, any accident while working and during the course of employment is an industrial acciddent, provided nexus between circumstance, time and place of accident should be taken into consideration.
Regards
Udayakumar G
9443628322
From India, Madras
You please go through the workmen compensation act before taking any decision. Regards Balkishan Sharma Manager HR Paras Healthcare
Mr. Rao
Can you please tell me, when an employee staying in a place of about 15-20 Kms distance from office, when he starts for office in the morning, he meets with an accident near turning of his road?
Similarly, when an employee (place like Bombay), leaves his office (in churchgate) and meets with an accident near virar / Borivli, do you mean to say, the employer is responsible for paying compensation?
Balaji
From India, Madras
Can you please tell me, when an employee staying in a place of about 15-20 Kms distance from office, when he starts for office in the morning, he meets with an accident near turning of his road?
Similarly, when an employee (place like Bombay), leaves his office (in churchgate) and meets with an accident near virar / Borivli, do you mean to say, the employer is responsible for paying compensation?
Balaji
From India, Madras
Dear all,
if there is no coverge of ESi for the location where the employee is working then we have to take antoher insurence for them. either it is workmen compensation or group insurence. as per workmen compensation policy it is mandatory to cover employees under insurence.
as per above case the present employer not liable under ESI act because of non-coverage. but it comes to workmen compensaation policy the employer liable for the employee benifit. if the perticular employee complaints it to labour officer employer will face problem.
all this is depends on type of your business(factory establishment or outsourceing or other), number of employees working. for that you have to give suficient information for better solution.
From India, Visakhapatnam
if there is no coverge of ESi for the location where the employee is working then we have to take antoher insurence for them. either it is workmen compensation or group insurence. as per workmen compensation policy it is mandatory to cover employees under insurence.
as per above case the present employer not liable under ESI act because of non-coverage. but it comes to workmen compensaation policy the employer liable for the employee benifit. if the perticular employee complaints it to labour officer employer will face problem.
all this is depends on type of your business(factory establishment or outsourceing or other), number of employees working. for that you have to give suficient information for better solution.
From India, Visakhapatnam
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