Dear members
i am workin in a manufacturing co. here one of my labour met with an accident while working in factory premises and he lost his ring finger (top portion)
we take him to hospital and done with all necessary surgeries and medication, now after two surgies he is ok
bt demanding compensation
so please help me as i am fresher
:?: for how much compensation we are accountable
:?: how do i solve this issue
From India, New Delhi
1i am workin in a manufacturing co. here one of my labour met with an accident while working in factory premises and he lost his ring finger (top portion)
we take him to hospital and done with all necessary surgeries and medication, now after two surgies he is ok
bt demanding compensation
so please help me as i am fresher
:?: for how much compensation we are accountable
:?: how do i solve this issue
From India, New Delhi
Is the company / worker is covered under ESI act, if so the management is not liable, if not the management need to pay the compensation as per the workmen compensation act. Pl. go through the same and clear, to take care of all these type of issues better to obtain a policy (Workmen compensation policy) from any insurance company so that the compensation part is taken care of.
Before paying the compensation you should also obtain the information whether the accident is occured due his / her negligance, if so, build the file and if it can be proved then no binding on the management but normally if it goes to the Factory inspectorate / labour department they will ask you to pay the compensation. Check all the above points and clear. Thanks and regards - kameswarao
From India, Hyderabad
Before paying the compensation you should also obtain the information whether the accident is occured due his / her negligance, if so, build the file and if it can be proved then no binding on the management but normally if it goes to the Factory inspectorate / labour department they will ask you to pay the compensation. Check all the above points and clear. Thanks and regards - kameswarao
From India, Hyderabad
DEAR
legally yo should have raised accident report and this compensation he should get from ESI.Company is not bound to pay any compensation if he is member of ESI.If he is not memberrof ESI than workmen compensation act will be applicable to him and
WM Commissioner will decide the claim.
tks
js malik
From India, Delhi
legally yo should have raised accident report and this compensation he should get from ESI.Company is not bound to pay any compensation if he is member of ESI.If he is not memberrof ESI than workmen compensation act will be applicable to him and
WM Commissioner will decide the claim.
tks
js malik
From India, Delhi
Mr. Kameswarao has rightly suggested for payment of Compensation to the injured person as per your version this accident happened in due course & out of employment in your factory keeping in view the loss of earning capacity, age of the employee & wages p. m. If you are coverd under E S I Act,1948 in that case the benefit is to be given by the ESIC but it seems that you have not sent the accident report to the factory wing of the Labour Deptt. & to the ESI Local office/ authorities concerned. If the answer is negative then it is suggested that due compensation may plz be given to the employee as per the provisions of the Workmen's Compensation Act.1923 to solve the problem. It is also told that the amount spent on the treatment of the employee is also not adjustable in the compensation amount.
From India, Delhi
From India, Delhi
Labour is right in asking for compensation because his finger has damaged due to the negligence of employer.
As my friend Malikjs rightly said If your plant or operations doesnot registered under ESIC you have to decide compensation as per workmen compensation act.
badlu
From Saudi Arabia
As my friend Malikjs rightly said If your plant or operations doesnot registered under ESIC you have to decide compensation as per workmen compensation act.
badlu
From Saudi Arabia
Dear Neha, Malik sir is right. u should submit the accident report in form 16 as early as possible. and the ESic inspector will examine the place of incident. Regards Vipin
From India, New Delhi
From India, New Delhi
As per Workmen compensation act you will have to provide compensation for the employee considering the magnitude of importance of his finger. Check whether this a permanent total disablement or partial disablement or temporary disablement. Accordingly the compensation changes. The salary has be multiplied with the relevant factor specified as per the type of injury and it has to be paid. If you have insured the person under WC insurance policy then they would take care if it is not because of the employer's negligence. The possiblility of any accident would either because of Unsafe act or unsafe condition. unsafe act is commited by negligence of employee and unsafe condition is due the employers negligence of safety. This will be determined by the WC Commisioner and either based of personal visit or based out of reports and evidences. Insurance will be paid by insurance company only for Unsafe act and you will have to pay compensation for unsafe condition.
Regards
Srivallaban
From India, Hosur
Regards
Srivallaban
From India, Hosur
Dear Friend,Not only ESIC perview, you have to inform to the concern Inspector of Factories Office also. But Mr. Malik says is 100% currect ofcourse.Regards,PBS KUMAR
From India, Kakinada
From India, Kakinada
Dear all,
1. What is the date and time of of accident? Was it in due course of employment ?
2. Is the Factory covered under ESIC ?
3. What was his gross wages on the date of accident ? Was the employee who had met with the accident had been covered under ESIC and contribution has been deducted and paid to ESIC?
4. In case, he has been covered under ESIC, Whether accident Report in Form No. 16 submitted to ESIC Office concerned ?
5. In case he is coverable under ESIC, first and foremost, pl. submit F.16 immediately to the concermed ESIC authorities. The injured employee is entitled to get substantial temporary and permanent benefit from ESIC and we should not forefeit it due to our ignorance or inefficiency.
6. Even otherwiese , report the accident to the Inspector of Factories immediatley. This will facilitate payment of Workman compensation in case of non-applicability of ESI benefits.
A.Irudayam
Advocate and HR Consultant
+9199406 86632
From India, Madras
1. What is the date and time of of accident? Was it in due course of employment ?
2. Is the Factory covered under ESIC ?
3. What was his gross wages on the date of accident ? Was the employee who had met with the accident had been covered under ESIC and contribution has been deducted and paid to ESIC?
4. In case, he has been covered under ESIC, Whether accident Report in Form No. 16 submitted to ESIC Office concerned ?
5. In case he is coverable under ESIC, first and foremost, pl. submit F.16 immediately to the concermed ESIC authorities. The injured employee is entitled to get substantial temporary and permanent benefit from ESIC and we should not forefeit it due to our ignorance or inefficiency.
6. Even otherwiese , report the accident to the Inspector of Factories immediatley. This will facilitate payment of Workman compensation in case of non-applicability of ESI benefits.
A.Irudayam
Advocate and HR Consultant
+9199406 86632
From India, Madras
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