Hi HR Community,
Need ur advice on this one...
An employee of ours met with an accident while on duty and has broken his ankle. He was hospitalised and his total liability (medical expenses) come to around Rs.40k. I want to know how much we are liable to pay for as an organisation.
Also, doctors have advised him not to work/move about for another 3 months. Do we have to pay the full salary for these 3 months? Is there any law which holds us laible for this?
Pl reply ASAP, as we need to finalise on this.
PS: If there is any clause covering this kind of situation in the Law, kindly specify.
Regards,
Deepa
From India, Bangalore
2Need ur advice on this one...
An employee of ours met with an accident while on duty and has broken his ankle. He was hospitalised and his total liability (medical expenses) come to around Rs.40k. I want to know how much we are liable to pay for as an organisation.
Also, doctors have advised him not to work/move about for another 3 months. Do we have to pay the full salary for these 3 months? Is there any law which holds us laible for this?
Pl reply ASAP, as we need to finalise on this.
PS: If there is any clause covering this kind of situation in the Law, kindly specify.
Regards,
Deepa
From India, Bangalore
No amal, in our company employees who have completed one year are eligible for accident insurance, unfortunately this guy is not covered.... so pls tell me what do we do further...
From India, Bangalore
From India, Bangalore
Dear Deepa,
Hence forth you need to change the policy in your organisation, new or old, one month or one year all employees carries the risk of accidents which never occur with prior notice and never identifies whether is covered or not covered under insurance, which you are facing now. There should either WCA policy for ten unnamed person for such purpose or an Personal Accoident policy with 24 hrs coverage and covereing road travelling risk under rastha aapatti in personal accident the premium are too low as compare to risk you carry. Now if this Guy is covered under ESIC please take help of ESIC consultant they will help you to get coverage under partial disablement and his leave payment after he is fit to join the duty where he will have to get fitness certificate from ESIC doctor after three months of receovery. Under ESIC you will not make any payment of salary during absence, it will be made by ESIC.
If there is no coverage than you will have to bear the cost and make his leave payment as an special case. there is no way out.
But for future take insurance it not only pays the injury but also the absence due to injury.
Thanks & Regards
Amal Shere
From India, Mumbai
Hence forth you need to change the policy in your organisation, new or old, one month or one year all employees carries the risk of accidents which never occur with prior notice and never identifies whether is covered or not covered under insurance, which you are facing now. There should either WCA policy for ten unnamed person for such purpose or an Personal Accoident policy with 24 hrs coverage and covereing road travelling risk under rastha aapatti in personal accident the premium are too low as compare to risk you carry. Now if this Guy is covered under ESIC please take help of ESIC consultant they will help you to get coverage under partial disablement and his leave payment after he is fit to join the duty where he will have to get fitness certificate from ESIC doctor after three months of receovery. Under ESIC you will not make any payment of salary during absence, it will be made by ESIC.
If there is no coverage than you will have to bear the cost and make his leave payment as an special case. there is no way out.
But for future take insurance it not only pays the injury but also the absence due to injury.
Thanks & Regards
Amal Shere
From India, Mumbai
Hi Deepa,
I assume ur organisation falls under the defination of Factory as per Factories act... so in this case based on the above conversation i find u r not covered under ESIC nor do u have a group insurance plan so u automatically fall under Workmen compensation act... and since the injury caused to ur employee is in the course of and out of employement u will need to pay him compensation in this case Temporary Partiall disablement.. as per workmen compensation act
Regards
Rajendra
From India, Vadodara
I assume ur organisation falls under the defination of Factory as per Factories act... so in this case based on the above conversation i find u r not covered under ESIC nor do u have a group insurance plan so u automatically fall under Workmen compensation act... and since the injury caused to ur employee is in the course of and out of employement u will need to pay him compensation in this case Temporary Partiall disablement.. as per workmen compensation act
Regards
Rajendra
From India, Vadodara
Hi rajendra
We are a pvt ltd company, and do not come under definition of "factory".
We have already borne part of his medical expenses ( on non-refundable basis)
For temporary partial disablement, how much compensation are we liable to pay? As he will be unable to work for 3 months, do we need to pay the full salary for 3 months or can we pay part-salary?
Is there any law which specifies this?
Do reply.
Rgds
Deepa
From India, Bangalore
We are a pvt ltd company, and do not come under definition of "factory".
We have already borne part of his medical expenses ( on non-refundable basis)
For temporary partial disablement, how much compensation are we liable to pay? As he will be unable to work for 3 months, do we need to pay the full salary for 3 months or can we pay part-salary?
Is there any law which specifies this?
Do reply.
Rgds
Deepa
From India, Bangalore
Dear Deepa,
For the temporary dissablement period, you may have to pay wages at the rate of 15 days wages per month for the preiod of dissablement apart from the cost of hospital / other expenses.
Sajeev Kumar
For the temporary dissablement period, you may have to pay wages at the rate of 15 days wages per month for the preiod of dissablement apart from the cost of hospital / other expenses.
Sajeev Kumar
Sanjeev, We have already borne part of the medical expenses. Do we need to bear it in full? Rgds Deepa
From India, Bangalore
From India, Bangalore
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