My brother met with an industrial accident last month while operating a 100-ton sheet-cutting machine. He lost 3 of his right-hand fingers, 33%. The management filed the online accident report, citing that some of the machine spare parts dropped on his hand resulting in injury (but actually, the accident happened while operating the machine). Immediately, the management rushed him to Stanley Hospital, and they amputated the injured fingers.
The management took him to the nearest police station and took a statement the same day while he was on medication. Advice on how to proceed further. Right now, he is on ESI leave. They have not given the accident report hard copy to ESI. The management told him to deal with the ESI and they WhatsApp him for a speedy recovery. Financially, they have not helped him so far. Please advise on how to proceed further.
Dhandapani
From India, Erode
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The management took him to the nearest police station and took a statement the same day while he was on medication. Advice on how to proceed further. Right now, he is on ESI leave. They have not given the accident report hard copy to ESI. The management told him to deal with the ESI and they WhatsApp him for a speedy recovery. Financially, they have not helped him so far. Please advise on how to proceed further.
Dhandapani
From India, Erode
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I don't know what was the need for taking him to the Police Station. The employer is expected to hand over the hard copies of the accident report filed online to the ESIC Branch Office and Medical Officer. Now, since the employer has not done it, you can approach the ESI Branch Office and tell the Manager that the report was filed online. The Manager will ask for the report along with other documents like the attendance register (to know whether the injured was present for work on the day of the accident), a statement by a witness to the accident, and the Accident book and proceed on it.
In instances like this, wherein there are differences in depositions about the accidents, the scope of even rejection of the claim is also there. I don't understand why the employer had filed a different reason for the injury, hiding the actual reason when it does not matter to him anyway.
Legally, in such matters, the employer need not provide any financial or other help because the employee is an ESI covered person. It is the ESIC who should provide him better treatment, super specialty treatment if required, calculate the loss of earning capacity, and decide how much pension (disablement pension) should be given to the IP. But the employer can always follow up with the ESIC and get things done in order.
Madhu.T.K
From India, Kannur
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4769In instances like this, wherein there are differences in depositions about the accidents, the scope of even rejection of the claim is also there. I don't understand why the employer had filed a different reason for the injury, hiding the actual reason when it does not matter to him anyway.
Legally, in such matters, the employer need not provide any financial or other help because the employee is an ESI covered person. It is the ESIC who should provide him better treatment, super specialty treatment if required, calculate the loss of earning capacity, and decide how much pension (disablement pension) should be given to the IP. But the employer can always follow up with the ESIC and get things done in order.
Madhu.T.K
From India, Kannur
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Dear Dhandapani,
As per Factories Act 1948,
Notices to appropriate authority :
i) Notices of accidents causing death or bodily injury. (Sec. 88)
ii) Notices of dangerous occurrences. (Sec. 88-A)
iii) Notices of specified diseases. (Sec. 89)
WBR 96:
Has notice of Accident or dangerous occurance, resulting in death or bodily injury which is likely to cause death, been sent as per this rule.
Forms & Returns to be maintained & filed:
WBR 103- Form No. 22 - Annual Return to the Inspector in duplicate
WBR 103- Form No. 23 – Half year Return to the Inspector
WBR 106- Form no. 24 - Register of accidents and dangerous occurrences
As per THE EMPLOYEES COMPENSATION ACT, 1923
Please check, Whether reports of fatal accidents & serious bodily injuries as required by Sec. 10-B are made in Form EE in accordance with Rule 11 of the Workmen’s Compensation Rules, 1924?
Whether employer give notice of accident of serious bodily injury to the commissioner within 7 days of accident.
As per EMPLOYEES’ STATE INSURANCE ACT, 1948 .Read with ESI (GENERAL) REGULATIONS, 1950
Whether an accident book in Form 15, maintained? (Regulation 66)
Whether report is being sent, in case of accidents, in Form 16, to the nearest Local Office and the nearest Medical officer?(Regulation 68)
Whether complied with Regulation 69:
Every employer shall arrange for such first aid and medical care and transport for obtaining such aid and care as the circumstances of the accident may require till the injured person is seen by the Insurance Medical Officer and such employer shall be entitled to reimbursement in respect of expenses thereby incurred by him but not exceeding such scale of expenses as may be specified by the Corporation from time.
From India, Kolkata
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As per Factories Act 1948,
Notices to appropriate authority :
i) Notices of accidents causing death or bodily injury. (Sec. 88)
ii) Notices of dangerous occurrences. (Sec. 88-A)
iii) Notices of specified diseases. (Sec. 89)
WBR 96:
Has notice of Accident or dangerous occurance, resulting in death or bodily injury which is likely to cause death, been sent as per this rule.
Forms & Returns to be maintained & filed:
WBR 103- Form No. 22 - Annual Return to the Inspector in duplicate
WBR 103- Form No. 23 – Half year Return to the Inspector
WBR 106- Form no. 24 - Register of accidents and dangerous occurrences
As per THE EMPLOYEES COMPENSATION ACT, 1923
Please check, Whether reports of fatal accidents & serious bodily injuries as required by Sec. 10-B are made in Form EE in accordance with Rule 11 of the Workmen’s Compensation Rules, 1924?
Whether employer give notice of accident of serious bodily injury to the commissioner within 7 days of accident.
As per EMPLOYEES’ STATE INSURANCE ACT, 1948 .Read with ESI (GENERAL) REGULATIONS, 1950
Whether an accident book in Form 15, maintained? (Regulation 66)
Whether report is being sent, in case of accidents, in Form 16, to the nearest Local Office and the nearest Medical officer?(Regulation 68)
Whether complied with Regulation 69:
Every employer shall arrange for such first aid and medical care and transport for obtaining such aid and care as the circumstances of the accident may require till the injured person is seen by the Insurance Medical Officer and such employer shall be entitled to reimbursement in respect of expenses thereby incurred by him but not exceeding such scale of expenses as may be specified by the Corporation from time.
From India, Kolkata
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1. Sir, the employer is required to submit an Accident Report to the appropriate Branch Office of ESIC within the stipulated time as laid down under Regulation 68 of ESI (General) Regulations, 1950. In case the employer has submitted any wrong facts, the injured employee can inform the concerned office about the correct facts. Even if the said accident report filed by the employer says that "some of the machine spare parts dropped on his hand resulting in injury," I think there can be no problem in admitting the case as that of employment injury because the accident (as mentioned by the initiator of this thread) has occurred out of and in the course of employment.
2. I think if the injured employee wants to state anything in writing and correct the version of facts as mentioned in the accident report submitted by the employer, he can submit a statement to the concerned Branch Office Manager along with confirmation by a witness.
3. In order to get Temporary Disablement Benefit (TDB), I think the injured employee can contact the said Branch Office for payment of the said benefit to him based on the medical certificates issued by the ESI Dispensary. After the injured person is declared fit, he can apply, in my opinion, for a medical board, and based on the decision of the medical board, the said injured person can be paid Permanent Disablement Benefit (PDB) (referred to as pension in general terminology) depending on whether there is any disability as may be awarded by the said medical board. The employer is not legally required to make any payment to the said injured employee as laid down under sections 53 and 61 of the ESI Act, 1948.
From India, Noida
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2. I think if the injured employee wants to state anything in writing and correct the version of facts as mentioned in the accident report submitted by the employer, he can submit a statement to the concerned Branch Office Manager along with confirmation by a witness.
3. In order to get Temporary Disablement Benefit (TDB), I think the injured employee can contact the said Branch Office for payment of the said benefit to him based on the medical certificates issued by the ESI Dispensary. After the injured person is declared fit, he can apply, in my opinion, for a medical board, and based on the decision of the medical board, the said injured person can be paid Permanent Disablement Benefit (PDB) (referred to as pension in general terminology) depending on whether there is any disability as may be awarded by the said medical board. The employer is not legally required to make any payment to the said injured employee as laid down under sections 53 and 61 of the ESI Act, 1948.
From India, Noida
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Employers have tried to save the employee. If the employer makes a report that the fingers got inserted into the machine, then it would be the fault of the operator, who either did it willingly or was not fit for operating the machine at the time of the incident. The employer admitted that the incident occurred during working hours and during the course of working, which is enough for ESIC benefits.
Regarding the police complaint (it is not a complaint but a police verification report), the employee has been taken to Stanley Hospital, not the ESIC hospital or dispensary. In case of any fatal injury, the police report is a must to get the incident reported. It is the duty of the hospital to call the police first and then start treatment, but they have cooperated. It is mandatory for their records that police verification is completed in this specific fatal injury case.
I cannot comment right now on the accident report submitted and the incidents thereafter. But I hope that the employer has done the best possible from his side, and if the accident report is submitted, then the employee has received the best possible treatment/benefits.
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Regarding the police complaint (it is not a complaint but a police verification report), the employee has been taken to Stanley Hospital, not the ESIC hospital or dispensary. In case of any fatal injury, the police report is a must to get the incident reported. It is the duty of the hospital to call the police first and then start treatment, but they have cooperated. It is mandatory for their records that police verification is completed in this specific fatal injury case.
I cannot comment right now on the accident report submitted and the incidents thereafter. But I hope that the employer has done the best possible from his side, and if the accident report is submitted, then the employee has received the best possible treatment/benefits.
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