An employee under contract employment met with an accident while on his way to work on his two-wheeler. He has been on contract with our organization for the past 9 years. The organization has granted him almost 6 months of paid leave. However, the doctor has now advised that he is not fit to resume driving duties. There are no other disciplinary remarks in his work record.
Could you please provide advice on how to handle this situation?
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Could you please provide advice on how to handle this situation?
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I believe this driver has been working under your own roles but under a fixed-term contract for a certain period which got extended every time and not that he was hired or engaged through a contractor who pays him a salary. If the latter is the case, then the compensation shall be the responsibility of that contractor.
If the driver was coming to duty, then the notional extension theory will apply, and as such, the accident would be considered as during the course of and in connection with employment. In such a situation, the employer's responsibility is to approach the Workmen Compensation Commission. If the driver is covered by ESI, naturally, you should have submitted an accident report to ESIC, and the entire liability that arises on account of his hospitalization, compensation for loss of income, total disability, etc., would have been taken care of by the ESI Corporation. In the absence of ESI, it will become the employer's obligation to pay such compensation.
Usually, the employer is not expected to pay any amount other than the amount required for treatment, directly to the injured employee. Now, I advise you to take the matter to the Workmen Compensation Commission (under the Employees Compensation Act) to decide what shall be the amount of compensation, and can the amount paid by way of salary be adjusted against the compensation payable or not. It is also very important to note that it should be established that the accident happened in connection with employment, and the notional extension theory as explained above will apply in this case.
From India, Kannur
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4483If the driver was coming to duty, then the notional extension theory will apply, and as such, the accident would be considered as during the course of and in connection with employment. In such a situation, the employer's responsibility is to approach the Workmen Compensation Commission. If the driver is covered by ESI, naturally, you should have submitted an accident report to ESIC, and the entire liability that arises on account of his hospitalization, compensation for loss of income, total disability, etc., would have been taken care of by the ESI Corporation. In the absence of ESI, it will become the employer's obligation to pay such compensation.
Usually, the employer is not expected to pay any amount other than the amount required for treatment, directly to the injured employee. Now, I advise you to take the matter to the Workmen Compensation Commission (under the Employees Compensation Act) to decide what shall be the amount of compensation, and can the amount paid by way of salary be adjusted against the compensation payable or not. It is also very important to note that it should be established that the accident happened in connection with employment, and the notional extension theory as explained above will apply in this case.
From India, Kannur
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf