I met an accident where I was hit by a motorcyclist coming at a very high speed while taking a turn to enter the factory gate. It happened at a distance of 15-20 meters from the gate. I was picked up and sent to the plant dispensary by the plant security and other personnel. I was diagnosed with a fracture in my ankle and recommended a minimum bed rest of 1 month.
Now, the factory HR and safety department say that as the accident happened outside the plant gate, I am not eligible for compensation for the days lost during the treatment. However, through ESI, my medical bills may be compensated.
My query is whether I can claim for the loss of pay for the duration I am on the bed for treatment and if claimable, then what is the percentage I can claim. Can I claim my full-day pay for the days I am on the bed healing the fracture?
From India, Gurgaon
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1Now, the factory HR and safety department say that as the accident happened outside the plant gate, I am not eligible for compensation for the days lost during the treatment. However, through ESI, my medical bills may be compensated.
My query is whether I can claim for the loss of pay for the duration I am on the bed for treatment and if claimable, then what is the percentage I can claim. Can I claim my full-day pay for the days I am on the bed healing the fracture?
From India, Gurgaon
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Dear Jahanzeb,
The Workmen’s Compensation Act clearly states to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.
The three tests for determining whether an accident arose out of employment are:
1. At the time of injury workman must have been engaged in the business of the employer and must not be doing something for his personal benefit;
2. That accident occurred at the place where he as performing his duties; and
3. Injury must have resulted from some risk incidental to the duties of the service, or inherent in the nature condition of employment.
What i want to say with the above statements is that, your accident has ARISEN OUT OF EMPLOYMENT
therefore, you should get the benefit under "Workmen compensation act - 1923" (If it was not a purposeful accident). Your accident, as per your saying seems to lie under "temporary partial disablement". Although, i am not sure what % you can claim.
I would suggest you get appropriate suggestions from a senior person who deals with labor laws. Hope you recover soon!
From India, Mumbai
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The Workmen’s Compensation Act clearly states to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.
The three tests for determining whether an accident arose out of employment are:
1. At the time of injury workman must have been engaged in the business of the employer and must not be doing something for his personal benefit;
2. That accident occurred at the place where he as performing his duties; and
3. Injury must have resulted from some risk incidental to the duties of the service, or inherent in the nature condition of employment.
What i want to say with the above statements is that, your accident has ARISEN OUT OF EMPLOYMENT
therefore, you should get the benefit under "Workmen compensation act - 1923" (If it was not a purposeful accident). Your accident, as per your saying seems to lie under "temporary partial disablement". Although, i am not sure what % you can claim.
I would suggest you get appropriate suggestions from a senior person who deals with labor laws. Hope you recover soon!
From India, Mumbai
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Dear Jahanzeb,
Here you have to consider two things:
1. ESI - Your factory is being covered by the ESIC, and the treatment part will be taken care of by the ESI. (For insurance part, I request our learned members to reply.)
2. Workmen's Compensation Act - It is not applicable in your case as you are being covered by the ESI.
For the insurance part, your factory is liable to do because you got injured while on the way to work (as said by you). So you can discuss with your HR department and get clarified.
The Motorcyclist will have insurance cover for his motorcycle, and if you file a case in MACT, then you can get compensation for this temporary partial disability. I hope you might have filed the FIR at the nearest Police Station about the accident, so that the Motorcyclist can be sued, and you will get the insurance compensation.
From India, Kumbakonam
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Here you have to consider two things:
1. ESI - Your factory is being covered by the ESIC, and the treatment part will be taken care of by the ESI. (For insurance part, I request our learned members to reply.)
2. Workmen's Compensation Act - It is not applicable in your case as you are being covered by the ESI.
For the insurance part, your factory is liable to do because you got injured while on the way to work (as said by you). So you can discuss with your HR department and get clarified.
The Motorcyclist will have insurance cover for his motorcycle, and if you file a case in MACT, then you can get compensation for this temporary partial disability. I hope you might have filed the FIR at the nearest Police Station about the accident, so that the Motorcyclist can be sued, and you will get the insurance compensation.
From India, Kumbakonam
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Mr. Bhaskar is right. I am sorry, i did not read about the ESI mentioned. Therefore, Workmen Compensation Act is not applicable in the case. Sorry again.
From India, Mumbai
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From India, Mumbai
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Dear Siddz28,
Mr. Bhaskar is right. I am sorry, I did not read about the ESI mentioned. Therefore, the Workmen Compensation Act is not applicable in this case. Sorry again.
Normally, either one is only applicable. Today you learned it. That's all. No need to feel sorry. Our life itself is a classroom, and we are learning daily. Even I do not know about the ESI compensation part. Shall we expect our learned members to guide us about the compensation being paid by the ESIC.
From India, Kumbakonam
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Mr. Bhaskar is right. I am sorry, I did not read about the ESI mentioned. Therefore, the Workmen Compensation Act is not applicable in this case. Sorry again.
Normally, either one is only applicable. Today you learned it. That's all. No need to feel sorry. Our life itself is a classroom, and we are learning daily. Even I do not know about the ESI compensation part. Shall we expect our learned members to guide us about the compensation being paid by the ESIC.
From India, Kumbakonam
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Dear Jahan,
If you are covered under ESI, then the accident that took place will be covered under notional extension, and your loss of pay will be reimbursed to you at the full rate by ESI. Please contact the ESI dispensary at the earliest.
Wishing you good health soon.
Thanks....
From India, Pune
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If you are covered under ESI, then the accident that took place will be covered under notional extension, and your loss of pay will be reimbursed to you at the full rate by ESI. Please contact the ESI dispensary at the earliest.
Wishing you good health soon.
Thanks....
From India, Pune
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Dear Prashant,
Thank you for your timely guidance to Jahanzeb. Is he required to submit anything like FIR, accident report, or any treatment details taken from ESI Hospital? Whom should he contact? Please provide complete details to our friend.
From India, Kumbakonam
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Thank you for your timely guidance to Jahanzeb. Is he required to submit anything like FIR, accident report, or any treatment details taken from ESI Hospital? Whom should he contact? Please provide complete details to our friend.
From India, Kumbakonam
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Yes, you can get the benefit under the "Workmen's Compensation Act of 1923." The accident has occurred near the factory premises as per the Industrial Disputes Act of 1947. For further details, you can contact an advocate who specializes in handling labor cases.
Thank you.
Regards,
Kannan Thevar. S
From India, Mumbai
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Thank you.
Regards,
Kannan Thevar. S
From India, Mumbai
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Mr. JAHANZEB,
As per my knowledge, if you are covered under ESIC and you get treatment through ESIC.in, in that case, you will be compensated by ESIC after depositing the required information to ESIC. You will get 70% of wages from ESIC, so no need to worry, just complete the formalities of ESIC.
From India, Delhi
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As per my knowledge, if you are covered under ESIC and you get treatment through ESIC.in, in that case, you will be compensated by ESIC after depositing the required information to ESIC. You will get 70% of wages from ESIC, so no need to worry, just complete the formalities of ESIC.
From India, Delhi
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