What is the case when a worker is injured while working on duty. My Boss says that company will not pay his expenses. What steps can I take to give the employee justice? Please help.
From India, Pune
6From India, Pune
Hi Rohit,
Just wanted to know how big is your organization? Does it have enough fund to pay the compensation?
If yes then he can appeal to the labour commission, or even file a case against the employer. If it can be proved he was injured while working then the employer will be forced to pay, if he does not have fund then the person can even put behind bar.
Regards
Anita
From India, Mumbai
Just wanted to know how big is your organization? Does it have enough fund to pay the compensation?
If yes then he can appeal to the labour commission, or even file a case against the employer. If it can be proved he was injured while working then the employer will be forced to pay, if he does not have fund then the person can even put behind bar.
Regards
Anita
From India, Mumbai
Payment of Compensation under EC Act 1923
The employee’s Compensation Act 1923 provides for Payment of Compensation to an employee if the personal injury is caused to an employee by accident arising out of and in the course of employment. His employer shall be liable to pay compensation in accordance with the provisions of this Act. i.e. (1) Death (2) Permanent Total Disability results from the injury (3) Permanent partial disability results from the injury (4) Temporary disablement whether total or partial, results from the injury.
However, the employer shall not be liable to pay the compensation (1) if the total or partial disablement is for a period not exceeding 3 days (2) Except in case of death and permanent total disability, if the injury is caused by accident when the employee was under the influence of drink or drugs or willful disobedience to safety rules or willful removal or disregard to safety guard or safety devices.
Reimbursement of Medical Expenditure
The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment (Section 4(2A w.e.f. 18.1.2010)
From India, Madras
The employee’s Compensation Act 1923 provides for Payment of Compensation to an employee if the personal injury is caused to an employee by accident arising out of and in the course of employment. His employer shall be liable to pay compensation in accordance with the provisions of this Act. i.e. (1) Death (2) Permanent Total Disability results from the injury (3) Permanent partial disability results from the injury (4) Temporary disablement whether total or partial, results from the injury.
However, the employer shall not be liable to pay the compensation (1) if the total or partial disablement is for a period not exceeding 3 days (2) Except in case of death and permanent total disability, if the injury is caused by accident when the employee was under the influence of drink or drugs or willful disobedience to safety rules or willful removal or disregard to safety guard or safety devices.
Reimbursement of Medical Expenditure
The employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment (Section 4(2A w.e.f. 18.1.2010)
From India, Madras
Rohit:
Expenditure reimbursement & compensation is to be paid as per EC Act, as mentioned by Mr.Kutty rightly.
It does not matter how small or large your organisation is or whether it is making profit or not, etc.
The law is very simple in this case, as the accident has happened in the course of work, entire medical expenditure is to be borne by the company. Furtther, his leave of absence due to accident should be paid days.
On your part, u can educate him about his rights under the EC Act & also suitably advise your management about the pitfalls of not paying the compensation by showing the necessary clauses, as the seniors may not know the exact provisions of EC Act & the penalties.
Rgds
Dixon
Tata Trent, Pune
From India, Mumbai
Expenditure reimbursement & compensation is to be paid as per EC Act, as mentioned by Mr.Kutty rightly.
It does not matter how small or large your organisation is or whether it is making profit or not, etc.
The law is very simple in this case, as the accident has happened in the course of work, entire medical expenditure is to be borne by the company. Furtther, his leave of absence due to accident should be paid days.
On your part, u can educate him about his rights under the EC Act & also suitably advise your management about the pitfalls of not paying the compensation by showing the necessary clauses, as the seniors may not know the exact provisions of EC Act & the penalties.
Rgds
Dixon
Tata Trent, Pune
From India, Mumbai
I agree with Mr Dixon. The provision for payment of expenses was not in the Act till 18.1.2010. However, good employers used to take care of their employees in case of employment injury, even though they were not legally bound to do so.
By meeting the medical expenses of employees who met with injury and taking care of him, the management can give a positive message to the rest of their employees.
From India, Madras
By meeting the medical expenses of employees who met with injury and taking care of him, the management can give a positive message to the rest of their employees.
From India, Madras
I am anxious to know under which provisions of Employee’s Compensation Act 1923, an employer who refused to pay the expenses to the injured employee can be put behind the bar ?
From India, Madras
From India, Madras
Dear Nijan,
It's a yes. Please refer the post of Mr. Kutty. Employer is liable to pay if accident occurs during the work or "In the course of employment".
Procedure is to educate people about the same & get it done.
Dear Mr. Kutty,
Thanks for your valuable inputs.
Thanks & Be Safe,
Inderjeet Singh,
"Born to redefine leading.."
From India, Rajsamand
It's a yes. Please refer the post of Mr. Kutty. Employer is liable to pay if accident occurs during the work or "In the course of employment".
Procedure is to educate people about the same & get it done.
Dear Mr. Kutty,
Thanks for your valuable inputs.
Thanks & Be Safe,
Inderjeet Singh,
"Born to redefine leading.."
From India, Rajsamand
What happens if the employee is a casual labour. Say for example, one of a few workers who sustains injury or dies due to a ladder collapse while working high on a wall while painting your house. There is no contractor and no written contract. Simply a few men who offered to undertake the work for a specified payment. No technicalities. It is just a common day to day occurrence, were it not for the injury / death!
It is a situation any one of us can face at any time. Please air your views keeping in mind the legal as well as the humane aspects.
Thank you.
From India, Delhi
It is a situation any one of us can face at any time. Please air your views keeping in mind the legal as well as the humane aspects.
Thank you.
From India, Delhi
@trurecruit
In the example you bring out, work at house, if you are care enough give some compensation to the victim of accident or else legally no one can do any harm to you...
These are un-organized sectors and no rules existing in our country to protect them... I learned about such an un-organized sector which exists in our country is agate industry... This is one of the example only... Many such situations exists... In agate industry workers get exposed to silicosis and they dying... Even after knowing, govt. organizations not doing enough to protect their life... Many NGO's working for the upliftment of similar affected people and helping them getting their rights. PTRC in Khambhat is an example and in this forum itself we have member from PTRC.
So un-organized sector needs strong support from NGO's to get the governments attention and to make rules to protect them from getting hurt. A long way to go...
From India
In the example you bring out, work at house, if you are care enough give some compensation to the victim of accident or else legally no one can do any harm to you...
These are un-organized sectors and no rules existing in our country to protect them... I learned about such an un-organized sector which exists in our country is agate industry... This is one of the example only... Many such situations exists... In agate industry workers get exposed to silicosis and they dying... Even after knowing, govt. organizations not doing enough to protect their life... Many NGO's working for the upliftment of similar affected people and helping them getting their rights. PTRC in Khambhat is an example and in this forum itself we have member from PTRC.
So un-organized sector needs strong support from NGO's to get the governments attention and to make rules to protect them from getting hurt. A long way to go...
From India
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