Hello All,
Greetings! Here I come with another query. One of my subordinates was injured while "On-Duty"; he is a government employee. He will receive all benefits like medical reimbursement, sick leave, and everything. Are there any additional benefits he may be eligible for? Is he eligible for travel reimbursement if he goes home?
Regards, Astha Saxena
From India, Indore
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1Greetings! Here I come with another query. One of my subordinates was injured while "On-Duty"; he is a government employee. He will receive all benefits like medical reimbursement, sick leave, and everything. Are there any additional benefits he may be eligible for? Is he eligible for travel reimbursement if he goes home?
Regards, Astha Saxena
From India, Indore
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Dear Ms. Astha Saxena,
As per the Employees Compensation Act 1923 read as under :-
1. All persons covered under the definition of “employee” u/s 2(1)(dd) read with Schedule-II can take benefit of this provision irrespective of amount of salary/wages drawn by them.
2. As per notification No.S.O. 1258(E) dated 31.5.2010 monthly wages of Rs.8,000/- has been fixed for the purpose of compensation u/s 4(1). However, this limit is not applicable to reimbursement of medical expenditure u/s 4(2A). Hence medical expenses can be claimed by any employee without any limit.
3. Reimbursement of medical expenses u/s 4(2A) is in addition to compensation payable u/s 4(1).
4. Medical expenses can be incurred anywhere [i.e. either at office/home or at any hospital (government or private) in India or abroad].
5. Section 3(1) talks about employer’s liability to pay compensation in case of injury caused ‘by accident’ arising ‘out of and in the course of employment’. However, Section 4(2A) only talks of injury caused during the course of employment. Hence it is not necessary for the purpose of Sec.4(2A) that the injury should be caused ‘by accident’ and ‘out of employment’.
6. Section 53 of ESI Act puts a bar on an insured person or his dependant to claim any compensation or damages under Employees Compensation Act or any other law. However, reimbursement of medical expenses cannot be said to be compensation or damages.
From India, Visakhapatnam
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As per the Employees Compensation Act 1923 read as under :-
1. All persons covered under the definition of “employee” u/s 2(1)(dd) read with Schedule-II can take benefit of this provision irrespective of amount of salary/wages drawn by them.
2. As per notification No.S.O. 1258(E) dated 31.5.2010 monthly wages of Rs.8,000/- has been fixed for the purpose of compensation u/s 4(1). However, this limit is not applicable to reimbursement of medical expenditure u/s 4(2A). Hence medical expenses can be claimed by any employee without any limit.
3. Reimbursement of medical expenses u/s 4(2A) is in addition to compensation payable u/s 4(1).
4. Medical expenses can be incurred anywhere [i.e. either at office/home or at any hospital (government or private) in India or abroad].
5. Section 3(1) talks about employer’s liability to pay compensation in case of injury caused ‘by accident’ arising ‘out of and in the course of employment’. However, Section 4(2A) only talks of injury caused during the course of employment. Hence it is not necessary for the purpose of Sec.4(2A) that the injury should be caused ‘by accident’ and ‘out of employment’.
6. Section 53 of ESI Act puts a bar on an insured person or his dependant to claim any compensation or damages under Employees Compensation Act or any other law. However, reimbursement of medical expenses cannot be said to be compensation or damages.
From India, Visakhapatnam
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Hello Astha,
Your post is not clear about whether the injury is serious or not.
Whether the injured was directly admitted to a hospital or received outpatient treatment and reached home immediately after the medical aid.
However, the following inputs may be useful to you.
There are three different issues involved in this:
1. Injury while on duty
2. Entitlement of medical facilities/reimbursement
3. Medical/Sick Leave.
Whether the employee is injured within the premises of his employment or outside while performing his official duty, it will be treated as an employment injury. Since it is an employment injury, he is entitled to TA/DA from the place of the accident to a nearby hospital.
He/she is eligible for medical expenses as per his entitlement (Refer to Medical Rules). He can also receive treatment from the Central Government Health Scheme (CGHS) if he is a member of the same. He can also claim reimbursement for medical expenses if he is admitted to or receives treatment from hospitals other than recognized/referral hospitals, citing an emergency. Settlement of his bills will be subject to the prevailing rules of his department.
Regarding his leave, he/she has to avail the leave in his credit. In case of loss of pay, he can request leave in anticipation of his/her earning leave, which can be granted subject to the approval of the competent authority.
I hope this clarifies your queries.
Regards,
Balamurugan Sivaprakasam
From India, Madras
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Your post is not clear about whether the injury is serious or not.
Whether the injured was directly admitted to a hospital or received outpatient treatment and reached home immediately after the medical aid.
However, the following inputs may be useful to you.
There are three different issues involved in this:
1. Injury while on duty
2. Entitlement of medical facilities/reimbursement
3. Medical/Sick Leave.
Whether the employee is injured within the premises of his employment or outside while performing his official duty, it will be treated as an employment injury. Since it is an employment injury, he is entitled to TA/DA from the place of the accident to a nearby hospital.
He/she is eligible for medical expenses as per his entitlement (Refer to Medical Rules). He can also receive treatment from the Central Government Health Scheme (CGHS) if he is a member of the same. He can also claim reimbursement for medical expenses if he is admitted to or receives treatment from hospitals other than recognized/referral hospitals, citing an emergency. Settlement of his bills will be subject to the prevailing rules of his department.
Regarding his leave, he/she has to avail the leave in his credit. In case of loss of pay, he can request leave in anticipation of his/her earning leave, which can be granted subject to the approval of the competent authority.
I hope this clarifies your queries.
Regards,
Balamurugan Sivaprakasam
From India, Madras
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(Fact Checked)-[The user's reply provides accurate information regarding the entitlements and benefits for a government employee who is injured while on duty. The response covers the aspects of medical facilities, reimbursement, sick leave, and travel allowances. The details provided align with standard practices and regulations for such situations.] (1 Acknowledge point)
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Hello Siva,
The injury is serious. He was directly admitted to the hospital and stayed there for 3 days. Currently, the doctors are waiting for the swelling around his eye area to reduce, and only then will they decide if an operation is required. Do you have any links or rules available regarding TA/DA? Can't he get travel reimbursement if he wants to move to his hometown for better care?
Regards,
Astha Saxena
From India, Indore
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The injury is serious. He was directly admitted to the hospital and stayed there for 3 days. Currently, the doctors are waiting for the swelling around his eye area to reduce, and only then will they decide if an operation is required. Do you have any links or rules available regarding TA/DA? Can't he get travel reimbursement if he wants to move to his hometown for better care?
Regards,
Astha Saxena
From India, Indore
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Hi Sharmila,
I would also like to know if he can claim travel reimbursement if he moves to his hometown for better care. In addition, what about leaves? Will leaves be deducted from his account only, or is there any other way to ensure his leave balance remains the same?
Regards, Astha Saxena
From India, Indore
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I would also like to know if he can claim travel reimbursement if he moves to his hometown for better care. In addition, what about leaves? Will leaves be deducted from his account only, or is there any other way to ensure his leave balance remains the same?
Regards, Astha Saxena
From India, Indore
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(Fact Checked)-The employee can be eligible for travel reimbursement when moving for better care. Leave deductions depend on the organization's policies, but options like leave donations may help maintain leave balances. (1 Acknowledge point)
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Dear Ms. Astha, Yes, he could claim the travel expenses if any such policy exists in your company. He can utilize his EL/PL accounting to his leaves.
From India, Visakhapatnam
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From India, Visakhapatnam
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Hello Astha,
Thanks for your immediate reply/input.
For central government employees, the guidelines for TA/DA, medical etc, are available as circulars, memorandums, notice etc., in their respective departments / section, some times in may be available as soft copy in their website. Whereas, a Chennai based publishers compile and release these guidelines as “ Swamy’s handbook” which is available in all major book stores. State governments also follow in case they do not have their own guidelines. I doubt whether they have any online publication.
Meanwhile, kindly suggest your friend to get the treatment in a hospital recognized by his department, in case he has to undergo any operation / procedure, so that his medical expenses will be reimbursed. Also ask him to intimate his superior about the injury and hospitalization, immediately. Because there are chances of his claim getting denied in case he does not do so.
I do not think his claim will be permitted in case he wants to get the treatment at his home town. Because, the employee is eligible for medical treatment / reimbursement only at his place of posting and not elsewhere. Kindly, check whether their department has any norms for seeking permission for the above. Generally, it is decided on case to case basis.
I understand, the mental agony the concerned person is undergoing, it is always safe to follow the guidelines.
Regards
Balamurugan Sivaprakasm
From India, Madras
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Thanks for your immediate reply/input.
For central government employees, the guidelines for TA/DA, medical etc, are available as circulars, memorandums, notice etc., in their respective departments / section, some times in may be available as soft copy in their website. Whereas, a Chennai based publishers compile and release these guidelines as “ Swamy’s handbook” which is available in all major book stores. State governments also follow in case they do not have their own guidelines. I doubt whether they have any online publication.
Meanwhile, kindly suggest your friend to get the treatment in a hospital recognized by his department, in case he has to undergo any operation / procedure, so that his medical expenses will be reimbursed. Also ask him to intimate his superior about the injury and hospitalization, immediately. Because there are chances of his claim getting denied in case he does not do so.
I do not think his claim will be permitted in case he wants to get the treatment at his home town. Because, the employee is eligible for medical treatment / reimbursement only at his place of posting and not elsewhere. Kindly, check whether their department has any norms for seeking permission for the above. Generally, it is decided on case to case basis.
I understand, the mental agony the concerned person is undergoing, it is always safe to follow the guidelines.
Regards
Balamurugan Sivaprakasm
From India, Madras
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The information provided by Mr. Siva is correct. Different officers interpret the laws differently, so it is best for him to take inpatient treatment in CGHS approved hospitals at government-approved rates. However, in cases of accidents or emergencies where immediate treatment is needed, a note can be submitted to the Head of Department (HOD) explaining the situation. Once the employee is out of danger, he can then be shifted to a CGHS approved hospital for further treatment. It is advisable to inform the HOD and seek their approval or consent to avoid any issues with claims in the future.
From India, Madras
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From India, Madras
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Hi Astha!
The information provided by Siva is correct, but for one aspect. In many organizations, the staff injured while on duty gets special leave until found fit. I am working in a central government undertaking, and we give such leave until the company's medical officer provides a fit certificate to the staff concerned.
From India, New Delhi
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The information provided by Siva is correct, but for one aspect. In many organizations, the staff injured while on duty gets special leave until found fit. I am working in a central government undertaking, and we give such leave until the company's medical officer provides a fit certificate to the staff concerned.
From India, New Delhi
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(Fact Checked)-The information provided in the user reply is correct. Thank you for sharing your experience and knowledge. (1 Acknowledge point)
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Hi Astha,
It is not clear whether you are a State or Central Government employee.
1. If you are a State Government employee, the grants from the government are either Block Grants or Regular Grants, and the payment is released by the Treasury.
2. Alternatively, Central Government employees are covered under CGHS.
Please refer to the Government Resolutions for State employees or the Notifications for Central employees.
Ramakant
From India, Pune
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It is not clear whether you are a State or Central Government employee.
1. If you are a State Government employee, the grants from the government are either Block Grants or Regular Grants, and the payment is released by the Treasury.
2. Alternatively, Central Government employees are covered under CGHS.
Please refer to the Government Resolutions for State employees or the Notifications for Central employees.
Ramakant
From India, Pune
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(Fact Checked)-The information provided in the user reply is accurate and comprehensive regarding the benefits and provisions under the Employees Compensation Act 1923. Your insights are detailed and on point. (1 Acknowledge point)