An Driver under contract employment met with an accident while he was coming to duty in his two wheeler. He is on contract for the past 9 years with our organization. Organization given him almost 6 months paid leave. Now doctor advised that he is not fit to perform driving. No other disciplinary remarks standing in his work record. Can you please advise to deal in this case.
I believe this driver has been working under your own rolls but under a fixed term contract for a certain period which got extended every time and not that he was hired or engaged through a contractor who pays him salary. If the latter is the case, then the compensation shall be the responsibility of that contractor.
If the driver was coming to duty, then the notional extension theory will apply, and as such the accident would be considered as during the course of and in connection with the employment. In such situation, the employer's responsibility is to approach the Workmen Compensation Commission. If the driver is covered by ESI, naturally, you should have submitted accident report to ESIC, and the entire liability which arise on account of his hospitalisation, compensation for loss of income, total disability etc would have been taken care by the ESI Corporation. In the absence of ESI, it will become the employer's obligation to pay such compensation.
Usually, the employer is not expected to pay any amount other than the amount required for treatment, directly to the injured employee. Now, I advise you to take the matter to the Workmen Compensation Commission (under the Employees Compensation Act) to decide what shall be the amount of compensation, and can the amount paid by way of salary be adjusted against the compensation payable or not. It is also very important to note that it should be established that the accident happened in connection with employment, and the notional extension theory as explained above will apply in this case.
From India, Kannur
4248If the driver was coming to duty, then the notional extension theory will apply, and as such the accident would be considered as during the course of and in connection with the employment. In such situation, the employer's responsibility is to approach the Workmen Compensation Commission. If the driver is covered by ESI, naturally, you should have submitted accident report to ESIC, and the entire liability which arise on account of his hospitalisation, compensation for loss of income, total disability etc would have been taken care by the ESI Corporation. In the absence of ESI, it will become the employer's obligation to pay such compensation.
Usually, the employer is not expected to pay any amount other than the amount required for treatment, directly to the injured employee. Now, I advise you to take the matter to the Workmen Compensation Commission (under the Employees Compensation Act) to decide what shall be the amount of compensation, and can the amount paid by way of salary be adjusted against the compensation payable or not. It is also very important to note that it should be established that the accident happened in connection with employment, and the notional extension theory as explained above will apply in this case.
From India, Kannur
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf