Hi all,
There is a discussion going on in our HQ regarding compensation if, in case, some employee gets infected with COVID-19 in the course of coming to the office, working on the premises, and returning home.
While we do follow strict sanitation processes in the office/plant premises, what should be the protocol if an employee claims that the infection occurred due to being at the office and exposed to the outside environment? It is challenging for them to prove this definitively, considering it could happen anywhere. How should we address this situation without legal implications if it arises?
By the way, what is the general average compensation to be provided on humanitarian grounds to infected employees who are home-quarantined? #TiA
From India, Hyderabad
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There is a discussion going on in our HQ regarding compensation if, in case, some employee gets infected with COVID-19 in the course of coming to the office, working on the premises, and returning home.
While we do follow strict sanitation processes in the office/plant premises, what should be the protocol if an employee claims that the infection occurred due to being at the office and exposed to the outside environment? It is challenging for them to prove this definitively, considering it could happen anywhere. How should we address this situation without legal implications if it arises?
By the way, what is the general average compensation to be provided on humanitarian grounds to infected employees who are home-quarantined? #TiA
From India, Hyderabad
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Is he covered under ESI Act? If yes, he will get medical benefits under ESI
From India, Aizawl
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699From India, Aizawl
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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
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From India, Hyderabad
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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
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From India, Aizawl
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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
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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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