cpc

employee accident

HR - PROFESSIONAL

Dear Experts,

Ours is a manufacturing unit. One of our employee met with an road accident while on the way to duty and facturing his leg. Is it attracts an industrial accident. If it is what is the perimeaters to analysis the accident since it is away from the main gate. Please clarify. We have sent him to ESI they asked the accident form.

Regards,

PBS KUMAR

 
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practicing advocate

Employee can file a case under the workmen compensation act. claiming compensation agaist you.  He can also file MVC alse.  He has to file either of the one.

If he file case under wC act he claims that  during the course of the employment he met with an accident, in such case you will be help responsible so  It is better to convince him to file MVC case.

 
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HR - PROFESSIONAL

Dear Mr.Rajeev ji,

The situation is not hiding. First you understand the question. What are perimeters for analysing the incedent. This is not during the course of employment. The accident is occured very far away from the factory ( narly 10 KM). During he course of employment what its mean, either while on duty. Please clarify.

Regards,

PBS KUMAR

 
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Advocate and Consultant

It is well settled that when a workman is on a public road or a public place or on a public transport  he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment  makes it necessary for him  to be there. A workman is not in the course of his employment  from the moment he leaves his home  and is in the course of employment if he reaches the place of work  or a point or an area  which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation  for any accidennt . An accident arising 10 KM away whicle coming for duty will not be an accident arising out of employment.

Even otherwise when a worker is covered under the ESI , Workmen's  Compensation  ( now employee's compensation) is not payable.

In the above situation he can  make a claim under MVA. 

 
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