Hai,
I am SeethaRam working as Sr.Executive(HR) in a power plant construction company, recently an accident took place in which a worker(Unskilled) had lost his right hand fingers.
company was bearing all the expenses for his treatment,T.A,D.A and i need a clarification as doctor given advice that he should take complete bed rest for about 03 to 04 month,in
this period does he was applicable for complete wages for all days on his medical treatment
From India
I am SeethaRam working as Sr.Executive(HR) in a power plant construction company, recently an accident took place in which a worker(Unskilled) had lost his right hand fingers.
company was bearing all the expenses for his treatment,T.A,D.A and i need a clarification as doctor given advice that he should take complete bed rest for about 03 to 04 month,in
this period does he was applicable for complete wages for all days on his medical treatment
From India
Hi is he covered under ESI? if not its better to pay him by the company to avoid any future complications.
184
He was not covered under ESI and if the bed rest intentionally extended by worker then also he will demanded the payment
From India
From India
Hi you can bear the expense and anyways we will ask for a compensation, Be prepared for this case now itself and settle it amicably.
Half wages has to be paid till he is fit. -------------------------------------------------
Pon
From India, Lucknow
Pon
From India, Lucknow
Hi Hranuppur,
This is dependent with your company if they are contributing to your country's employee health program (provided if your country has this). The company deducts from the compensation from the employee with the corresponding counterpart and remit to the health program so the employee can enjoy whatever benefits he/she can earn during this time. Or else the company has to shoulder all the expenses for hospitalization,medicines and even daily wages to avoid legal complications specially that the accident and injury occurred while on duty. As in the case of the doctor's advice to let the injured employee rest for 3 to 4 months is for me long enough but, however, it is the doctor's discretion because this will be based on the extent of the injury.
I hope these help.
Regards.
NBAton
Taiyo Nippon Sanso Phils.
From Philippines, Davao City
This is dependent with your company if they are contributing to your country's employee health program (provided if your country has this). The company deducts from the compensation from the employee with the corresponding counterpart and remit to the health program so the employee can enjoy whatever benefits he/she can earn during this time. Or else the company has to shoulder all the expenses for hospitalization,medicines and even daily wages to avoid legal complications specially that the accident and injury occurred while on duty. As in the case of the doctor's advice to let the injured employee rest for 3 to 4 months is for me long enough but, however, it is the doctor's discretion because this will be based on the extent of the injury.
I hope these help.
Regards.
NBAton
Taiyo Nippon Sanso Phils.
From Philippines, Davao City
Dear Hranuppur
Since the accident is employment accident, it is our duty to bare the cost of medical expenses and also to pay the salary till he resume duty. Here the advise of the FMO or qualified doctor's certificate is must in connection with fitness to duty.
Till he joins duty, we have to pay the wages fully.
Also your company not covered under ESIC, do you have any other personal accident policy or WC policy.
If you have those, that will do the needful.
Regards
Palaniswamy.ram
From India, Namakkal
Since the accident is employment accident, it is our duty to bare the cost of medical expenses and also to pay the salary till he resume duty. Here the advise of the FMO or qualified doctor's certificate is must in connection with fitness to duty.
Till he joins duty, we have to pay the wages fully.
Also your company not covered under ESIC, do you have any other personal accident policy or WC policy.
If you have those, that will do the needful.
Regards
Palaniswamy.ram
From India, Namakkal
Dear,
Besides the above suggestions, I would like to give it my way.
In case of injury arising out of and during the course of employment, the victim is entitled for full wages for the entire period of illness/rest as advised by the Medical Practitioner if the injury lasts beyond 48 hrs. of waiting period. This period of such absence will be treated as on Special Leave which shall not be debited from any leave due to the credit of the employee concerned.
The amount spent on treatment is not recoverable from the Employee Compensation amount, if any, payable.
To maintain Industrial relations and harmony, it is desirable that the victim employee is taken care of and not put to loss due to injury during the course of and arising out of employment, because sometimes, if things are not handled carefully, it may lead to industrial unrest thereby resulting in loss to the Company in more than one ways.
So, please advise the higher management accordingly if such practice is not being followed in yours. I am sure the higher management will appreciate your concern and allow you to proceed.
Best wishes.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
Besides the above suggestions, I would like to give it my way.
In case of injury arising out of and during the course of employment, the victim is entitled for full wages for the entire period of illness/rest as advised by the Medical Practitioner if the injury lasts beyond 48 hrs. of waiting period. This period of such absence will be treated as on Special Leave which shall not be debited from any leave due to the credit of the employee concerned.
The amount spent on treatment is not recoverable from the Employee Compensation amount, if any, payable.
To maintain Industrial relations and harmony, it is desirable that the victim employee is taken care of and not put to loss due to injury during the course of and arising out of employment, because sometimes, if things are not handled carefully, it may lead to industrial unrest thereby resulting in loss to the Company in more than one ways.
So, please advise the higher management accordingly if such practice is not being followed in yours. I am sure the higher management will appreciate your concern and allow you to proceed.
Best wishes.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
Dear Hranuppur, Greetings.
1. What is the total service the employee has put in your Company?
2. What are the existing rules of your Company regarding grant of Sick leave to employees.
3. Regarding statutory requirements for compensation during duty, the following are to be done by employers:
1. Bear all the medical expenses on such treatment.
2. Grant sick leave till his recovery from such illness based on Doctor\'s Medical Certificate and insist for fitness certificate while he joins back to duty.
3. Pay a minimum of 40% of his salary as carry home salary during the leave period and make balance payment after he rejoins duty back duly fit for duty.
4. Please get a Certificate from the Doctor about his percentage of physical disability and he is fit to do the same job. If he has physical disability not to perform the earlier job, you have to provide to him some alternate job depending upon his fitness and allow him to work and make the balance due salary.
In case he claims for any compensation you can defend your case if you give all the benefits to him as above and the Labour Court will not grant any compensation to him.
Make this known to all employees and they will also appreciate the gesture of the Management and support you in case of need.
If you require anyfurtherassistance, please mail or contact 09994675721
Ramanathan, Advocate
From India, Coimbatore
1. What is the total service the employee has put in your Company?
2. What are the existing rules of your Company regarding grant of Sick leave to employees.
3. Regarding statutory requirements for compensation during duty, the following are to be done by employers:
1. Bear all the medical expenses on such treatment.
2. Grant sick leave till his recovery from such illness based on Doctor\'s Medical Certificate and insist for fitness certificate while he joins back to duty.
3. Pay a minimum of 40% of his salary as carry home salary during the leave period and make balance payment after he rejoins duty back duly fit for duty.
4. Please get a Certificate from the Doctor about his percentage of physical disability and he is fit to do the same job. If he has physical disability not to perform the earlier job, you have to provide to him some alternate job depending upon his fitness and allow him to work and make the balance due salary.
In case he claims for any compensation you can defend your case if you give all the benefits to him as above and the Labour Court will not grant any compensation to him.
Make this known to all employees and they will also appreciate the gesture of the Management and support you in case of need.
If you require anyfurtherassistance, please mail or contact 09994675721
Ramanathan, Advocate
From India, Coimbatore
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