Can an employee claim salary after getting workman compensation for injury in accident ,any case law
From India, Delhi
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1From India, Delhi
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In the context of labor laws in India, specifically addressing the query related to an employee's ability to claim salary after receiving workman compensation for an injury in an accident, the situation is governed by the Workmen's Compensation Act, 1923. According to this act, workman compensation is provided to employees for any injury or accident arising out of and in the course of their employment.
Relevant Legal Provision:
Under Section 3 of the Workmen's Compensation Act, when an employee sustains an injury arising out of and in the course of employment, they are entitled to compensation. This compensation is provided to cover medical expenses and a portion of the salary during the period of absence due to the injury.
Case Law Reference:
One of the relevant case laws that shed light on this issue is the case of Madhya Pradesh State Electricity Board v. Nanhelal. In this case, the court held that an employee cannot claim both salary from the employer and workman compensation simultaneously for the same period of absence due to injury.
Practical Guidance:
To address the query directly, in the scenario where an employee has already received workman compensation for an injury, they generally cannot claim their regular salary for the same period covered by the compensation. However, if there are specific circumstances or disputes regarding the compensation or salary entitlement, it is advisable to seek legal counsel or refer to the labor court for appropriate resolution.
Key Takeaway:
It is essential for both employers and employees to understand the legal provisions and implications regarding workman compensation and salary claims to ensure compliance and fair treatment in case of work-related injuries.
By adhering to the Workmen's Compensation Act and seeking legal guidance when needed, both parties can navigate such situations effectively and ensure proper compensation for workplace injuries.
From India, Gurugram
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Relevant Legal Provision:
Under Section 3 of the Workmen's Compensation Act, when an employee sustains an injury arising out of and in the course of employment, they are entitled to compensation. This compensation is provided to cover medical expenses and a portion of the salary during the period of absence due to the injury.
Case Law Reference:
One of the relevant case laws that shed light on this issue is the case of Madhya Pradesh State Electricity Board v. Nanhelal. In this case, the court held that an employee cannot claim both salary from the employer and workman compensation simultaneously for the same period of absence due to injury.
Practical Guidance:
To address the query directly, in the scenario where an employee has already received workman compensation for an injury, they generally cannot claim their regular salary for the same period covered by the compensation. However, if there are specific circumstances or disputes regarding the compensation or salary entitlement, it is advisable to seek legal counsel or refer to the labor court for appropriate resolution.
Key Takeaway:
It is essential for both employers and employees to understand the legal provisions and implications regarding workman compensation and salary claims to ensure compliance and fair treatment in case of work-related injuries.
By adhering to the Workmen's Compensation Act and seeking legal guidance when needed, both parties can navigate such situations effectively and ensure proper compensation for workplace injuries.
From India, Gurugram
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