Dear Seniors,
Our one the employee met with accident on road while coming to duty. Now he is in hospitalized in our tie up cashless mediclaim hospital(He is not cover under ESI, because he earning Rs.17000 per month). He is working with us for past 6 years.
Now my query is doctor advise \"he need to take rest at least 6 months\". In this period company need to pay any salary to him or not, what is his legal eligibility to get it from the company.

From India, Madras
dear tshan,
that employee is entitled to the salary for all those six months in subject to the medical results. how that salary will be paid depends on what the labor law of your country says.he got accident when he was on his way to work some company has insurance for such kind of accident.
currently,what he need to do is, to inform the company about the accident official by writting the letter and attach the ED,

From Tanzania, Dar Es Salaam
The employee can approach the court as per the workers Compensation Act and he can very will get the expense incurred for the treatment. If the company has taken insurance for their employees then the insurance company will give it or other wise the company has to pay him form the companies pockets.
From India, Kochi
Dear Tashn, in this case you have to contact your Mediclaim Party, for those period mediclaim party will pay salary for that employee. Note: there is some procedure. Regards Vinay
From India, Madras
Dear Tashn, if employer taken WC policy than employee can get benefit from insurance company and for his leave period it should be depend on policy....
From India, Ahmadabad
He will get medical facilities as per your mediclaim policy.So far as leave is concerned, he can avail medical as well as earned leave as due to him as per your leave rules.
From India, Delhi
Dear Tashn
If the employer has taken WC policy then he should get the claim under such policy: otherwise the employer has to bear all hospital expenditure on his medical treatment and should pay six months salary as well along with leave (SL and PL) balance in his a/c.

From India, Panipat
Dear Tashn,
He will get benefit from the Company if the Company has policy for the same. If the Company has Accidental Insurance Policy for those employees who are not covered under ESIC, then he will get benefit from this policy also. Otherwise no option.

From India, Calcutta
I may be wrong but still....
I think the situation depends on whether the injured person is a 'workman' or in managerial cadre. Only a 'workman' can get benefits from employer. Of course, mediclaim, insurance, leave at credit or any contingency benefits allowed by the employer would be available.
I would be grateful if seniors can throw more light on this.

From India, Bangalore
1. Since is he out of ESI and comes under medclaim policy he may get the hospitalization benefits depending on the nature of policy and terms and conditions....how old is the policy..
2. If he has covered under Group personnel accident policy ( Risk) he may get good amount for the stay prescribed by Doctor with relevant documents....
3. I don't think there will be any obligation from the company to provide any extra benefits to the injured other than the formulated or prescribed by the company, since the accident happened out side the office or the factory premises as you said...again it depends on the policy of the company.
sriranga

From India, Bangalore
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