Hi Team,

Special thanks to this forum for providing an opportunity to gain knowledge. I have a query: my employee, who was on fieldwork, met with an accident (2-wheeler). We have accidental insurance which doesn't reimburse any medical bills as he was not hospitalized. It was a fracture for which the employee was on 30 days' leave. Now, I do not know whether my company should be paying for his 30 days' leave or reimbursing his medical bills.

Kindly advise.

Regards,
Usha
HR

From India, Bangalore
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If the employee doesn't fall under ESIC category, then he would fall under the category of Employee Compensation Act, 1923. He should be paid compensation at the rate given for temporary partial disablement after assessment of the injury if the same is not covered under the insurance. For more info, please refer to the Employees' Compensation Act, 1923.

If your establishment is a shop and not an industry, please refer to the Shops and Establishments Act of your state as most of the shops and establishment acts include the clause under the Employee Compensation Act, 1923.

Regards,

Ravi

From India, Mumbai
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It is not very relevant whether he is working in a shop or factory. The first point is whether he is eligible for ESI benefits. If not, whether he is an employee as defined in the EC Act.

Varghese Mathew Labor/HR Adviser TVPM 9961266966

From India, Thiruvananthapuram
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Thank you, Mr. Ravi and Varghese,

Firstly, he doesn't come under ESI as we do not have one in our company. This is a partnership (pvt) firm that does not have PF or ESI facilities. Employees come under the EC Act.

Regards,
Usha

From India, Bangalore
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