Dear Mr. Vijay,
As a good employer practice, worker shall be paid special leave with full wages, along with the cost of treatment. As the accident has taken place in works, enquiry shall be made and corrective measures shall be taken to prevent such incident in future.
AK Mathur
From India, Delhi
9As a good employer practice, worker shall be paid special leave with full wages, along with the cost of treatment. As the accident has taken place in works, enquiry shall be made and corrective measures shall be taken to prevent such incident in future.
AK Mathur
From India, Delhi
Dear All
Under Employees’ Compensation Act, 1923, an employee who dies or suffers disablement (partial or total) due to accident is entitled to get compensation from employer, if it is employment injury, i.e. arising out of and during the course of employment. Further as per section section 53 of ESIC if the employee covered under ESI Act he is not entitled to get compensation under Employee’s Compensation Act. Employer is liable even if the employee was negligent or careless or was at fault by way of no fault liability.However no compensation is payable if disablement is up to only three days.where temporary disablement, whether total or partial, results from the injury then the employees is entitled to a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (2). However that the employer shall not be liable in respect of any partial injury,caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
U.C.Dalai
Chief Executive Officer
Aparajita Compliance Solution Private Limited
From India, Madras
Under Employees’ Compensation Act, 1923, an employee who dies or suffers disablement (partial or total) due to accident is entitled to get compensation from employer, if it is employment injury, i.e. arising out of and during the course of employment. Further as per section section 53 of ESIC if the employee covered under ESI Act he is not entitled to get compensation under Employee’s Compensation Act. Employer is liable even if the employee was negligent or careless or was at fault by way of no fault liability.However no compensation is payable if disablement is up to only three days.where temporary disablement, whether total or partial, results from the injury then the employees is entitled to a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (2). However that the employer shall not be liable in respect of any partial injury,caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
U.C.Dalai
Chief Executive Officer
Aparajita Compliance Solution Private Limited
From India, Madras
Dea Vijay,
Kindly ascertain that the accident has not arisen due to negligence or will-ful neglect of safe instrucion etc, if so, he is to be paid leave with full wages, this already justifies your stand, else workmen will be not loyal to your company. The leave to be sanctioned shall be special leave.
Regards
s.K.Johri
From India, Delhi
Kindly ascertain that the accident has not arisen due to negligence or will-ful neglect of safe instrucion etc, if so, he is to be paid leave with full wages, this already justifies your stand, else workmen will be not loyal to your company. The leave to be sanctioned shall be special leave.
Regards
s.K.Johri
From India, Delhi
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