Hi All, There is a discussion going on in our HQ regarding compensation if in case some employee gets infected with COVID 19 in due course of coming to office and working in the office premises and going back to their home.
Of course we do follow strict sanitation process & all in the office/plant premises, yet what can be the proceedings if any employee claims that it happened because of coming to office & exposed to the outside environment? I do agree that they cannot prove it exactly & it can happen any where. But how to tackle without any legal thing if this kind of situation arises?
Btw, what is the general average compensation to be given on humanitarian grounds to the infected & home quarantined employees? #TiA
From India, Hyderabad
Of course we do follow strict sanitation process & all in the office/plant premises, yet what can be the proceedings if any employee claims that it happened because of coming to office & exposed to the outside environment? I do agree that they cannot prove it exactly & it can happen any where. But how to tackle without any legal thing if this kind of situation arises?
Btw, what is the general average compensation to be given on humanitarian grounds to the infected & home quarantined employees? #TiA
From India, Hyderabad
625
Thnxxx for the update sir... Btw, is COVID19 covered under ESI? Apart ESI, is there any need for an employer to pay the patient?
From India, Hyderabad
From India, Hyderabad
Any payment from employer to employee, apart from statutory benefits is a welcome gesture and no law can stop such acts. But Covid-19 is covered under ESI.
From India, Aizawl
From India, Aizawl
Dear Srini-Manager-Hr,
COVID 19 is a pandemic and therefore in my view it can not be considered as “arising out of employment”. Therefore employer is not liable to pay compensation under the EC Act.
However, if you succeed in establishing that the infection is due to negligence by employer or not following SOP by employer, probably you may get your claim passed.
Under ESI you are entitle for sickness benefit.
Please find attached herewith a circular dated 11.06.2020 by ESIC on Prompt Medical Service to ESI Beneficiaries during Covid pandemic.
From India, Mumbai
COVID 19 is a pandemic and therefore in my view it can not be considered as “arising out of employment”. Therefore employer is not liable to pay compensation under the EC Act.
However, if you succeed in establishing that the infection is due to negligence by employer or not following SOP by employer, probably you may get your claim passed.
Under ESI you are entitle for sickness benefit.
Please find attached herewith a circular dated 11.06.2020 by ESIC on Prompt Medical Service to ESI Beneficiaries during Covid pandemic.
From India, Mumbai
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Employee's Compensation Act-2009.pdf
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THE EMPLOYEE COMPENSATION ACT.docx