Dear Sirs,
One of our workers got severely injured while working in an underground mine due to his sheer negligence. He received medical treatment, but one of his limbs got impaired, rendering him unfit to work in a mine. Consequently, he has been receiving his monthly salary for three months, allowing him to stay home.
Now, how many months does the company have to continue paying his salary each month? Is there any possibility of reaching a settlement?
Regards,
Khaleel Saudagar
From India, Kadapa
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1One of our workers got severely injured while working in an underground mine due to his sheer negligence. He received medical treatment, but one of his limbs got impaired, rendering him unfit to work in a mine. Consequently, he has been receiving his monthly salary for three months, allowing him to stay home.
Now, how many months does the company have to continue paying his salary each month? Is there any possibility of reaching a settlement?
Regards,
Khaleel Saudagar
From India, Kadapa
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If the accident has resulted in permanent disablement, let the Workmen Compensation Commission decide what should be the compensation payable. You should have informed the Commissioner under the Employees Compensation Act much earlier and decided the compensation etc. payable. If he is covered under ESI, then the ESI Corporation will take care of his compensation etc.
The amount of compensation will depend upon the incapacity and the earnings lost. Of course, if the accident has happened due to his negligence, then the insurers will decline to accept any liability. But then it will become your responsibility to prove that he was acting without the instructions of the supervisors, he was not wearing personal protective devices (PPEs), he failed to obey the safety instructions of the supervisor, etc. In such scenarios, we should help the workers.
Please contact the Commissioner at the earliest.
From India, Kannur
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The amount of compensation will depend upon the incapacity and the earnings lost. Of course, if the accident has happened due to his negligence, then the insurers will decline to accept any liability. But then it will become your responsibility to prove that he was acting without the instructions of the supervisors, he was not wearing personal protective devices (PPEs), he failed to obey the safety instructions of the supervisor, etc. In such scenarios, we should help the workers.
Please contact the Commissioner at the earliest.
From India, Kannur
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Dear Friend,
The injured worker met with an accident while working in an underground mine and lost his limbs. The matter of compensation for disability comes under the Employees' Compensation Act. The authority under the Employees' Compensation Act would decide whether the workman is eligible for any compensation or not.
Since it is an accident, there must be a case lodged with DGMS for the accident. The decision and report of the DGMS officials investigating the case are vital to decide on compensation or alternative employment. As the workman has already lost one of his limbs, it definitely makes the person unfit for work in a mine. In such cases, you need to consider what other work may be suitable for the person, either in an office or above the mine (may or may not match his caliber).
As a protective measure, call the person and ask him to resign as he has lost the capacity to work due to his disability, owing to his own fault. However, prior to the discussion, management needs to talk with the union, DGMS officials, and LEO to know their views on the matter. Do not pay any monthly salary without attendance by asking him to stay at home. In many cases, management has settled by paying a lump sum amount considering the gravity of the situation.
From India, Mumbai
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The injured worker met with an accident while working in an underground mine and lost his limbs. The matter of compensation for disability comes under the Employees' Compensation Act. The authority under the Employees' Compensation Act would decide whether the workman is eligible for any compensation or not.
Since it is an accident, there must be a case lodged with DGMS for the accident. The decision and report of the DGMS officials investigating the case are vital to decide on compensation or alternative employment. As the workman has already lost one of his limbs, it definitely makes the person unfit for work in a mine. In such cases, you need to consider what other work may be suitable for the person, either in an office or above the mine (may or may not match his caliber).
As a protective measure, call the person and ask him to resign as he has lost the capacity to work due to his disability, owing to his own fault. However, prior to the discussion, management needs to talk with the union, DGMS officials, and LEO to know their views on the matter. Do not pay any monthly salary without attendance by asking him to stay at home. In many cases, management has settled by paying a lump sum amount considering the gravity of the situation.
From India, Mumbai
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Apart from the statutory measures which the injured employee has to undergo and compensation payable under the act, his rehabilitation should engage your attention. It may be necessary to find ways and means to identify any suitable alternate work on the surface so that he may continue in your mines to earn a decent regular income. An office bearer of the workers' union has to be identified to coordinate the process to rule out any one-sided decision from the management angle which may jeopardize employees' interests. The domestic inquiry, if already ordered, might play a major role in shaping the future development.
From India, Bangalore
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From India, Bangalore
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Employee Benefits.doc