Dear seniors Pls Help
Case : Company mechanical Industry . Designation - Production engineer . Service - 15 years age - 38 salary - 18000/Month
Got injury when coming towards company from home .
Injury - Paralysis ( Mental & physical disable )
Queries :
1. Where we can absorb such person ? under which act?
2. One time settelement possible ? How
3. Shall he get benifit of worker's compensation act ?
etc ... etc...
girish
From India, Mumbai
49Case : Company mechanical Industry . Designation - Production engineer . Service - 15 years age - 38 salary - 18000/Month
Got injury when coming towards company from home .
Injury - Paralysis ( Mental & physical disable )
Queries :
1. Where we can absorb such person ? under which act?
2. One time settelement possible ? How
3. Shall he get benifit of worker's compensation act ?
etc ... etc...
girish
From India, Mumbai
Dear Girish
Before giving a reply to your Queries the following issues are to be cleared why because, whether the employee meets with an accident or suffered with paralysis stroke while coming to attend for duty? If he suffered the said stroke it can not said to be an accident within the meaning as assigned to the compensation act.
Since, the employee's salary is more than Rs10000/ he is not covered under ESI act. he should be covered under the workmen compensation act or some other provisions which are being provided by an employer to safe gaurd the interest of all employees who did not cover under the coverage of employees.
Regarding other queries of absorbing him in some other post or make payment towards one time settlement or wether he is entitled to benefit under compensation act etc are depending upon the question of wether the employee has met with an accident while coming from his residence to office? if so what kind of accident? whether first he sustains injury resulting paralysis stroke or not ?
If he really met with an accident and sustains injury resulting paralysis stroke then you are liable to pay compensation as per the provisisons of Workmen compensation act,1923. In such a case you need not be absorb the said employee due to his inability to perform duty. But, morally, if you want some extra payment over and above the compensation payable to him may be paid on humanitarian grounds.
NVRao
Hyderabad
From India, Hyderabad
Before giving a reply to your Queries the following issues are to be cleared why because, whether the employee meets with an accident or suffered with paralysis stroke while coming to attend for duty? If he suffered the said stroke it can not said to be an accident within the meaning as assigned to the compensation act.
Since, the employee's salary is more than Rs10000/ he is not covered under ESI act. he should be covered under the workmen compensation act or some other provisions which are being provided by an employer to safe gaurd the interest of all employees who did not cover under the coverage of employees.
Regarding other queries of absorbing him in some other post or make payment towards one time settlement or wether he is entitled to benefit under compensation act etc are depending upon the question of wether the employee has met with an accident while coming from his residence to office? if so what kind of accident? whether first he sustains injury resulting paralysis stroke or not ?
If he really met with an accident and sustains injury resulting paralysis stroke then you are liable to pay compensation as per the provisisons of Workmen compensation act,1923. In such a case you need not be absorb the said employee due to his inability to perform duty. But, morally, if you want some extra payment over and above the compensation payable to him may be paid on humanitarian grounds.
NVRao
Hyderabad
From India, Hyderabad
Pls note,
An employee who had met with an accident when he was not on duty (inside or outside the factory / office) need not have to be compensated legally.
Its upto the management / company`s discretion to decide on the compensation levels.
Pls correct if I am wrong.
- Saravana Rajan
From India, Mumbai
An employee who had met with an accident when he was not on duty (inside or outside the factory / office) need not have to be compensated legally.
Its upto the management / company`s discretion to decide on the compensation levels.
Pls correct if I am wrong.
- Saravana Rajan
From India, Mumbai
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Compensation payable under Employees Compensation Act even in case of negligence - SC 4.2.2016.pdf
Case studies on R & S.doc