Rajesh N
4

Dear all,
Request your suggestion on, if an employee met with an road accident while he was on leave and still on coma stage after 1 month of treatment
what are the Employer's obligations?
1.Till how many months should the employer pay the salary ?
2.Does employer have an option to consider him as resigned employee ?
3.Employee coming under purview of ESI and the accident report has been submitted
As per law is there anything else to be done from employer side.

From India, Hyderabad
girraj123
4

Dear Rajesh,
That's a good point that he is covered under ESIC.Hope the employee will be under treatment at ESIC /ESIC referred Hospital.He is entitled for the wages as per ESIC norms. Till the time he is under treatment he will be marked under ESIC treatment.Not an absent employee.You just take care of him. Is he receiving the right treatment ? or need help from company.

From India, Gurgaon
Madhu.T.K
4193

Since the accident had happened while the employee was on leave, the question of submitting accident report to ESI will not arise. I don't know how did you submit the accident report to ESI when the accident did not take place during the course of employment. Any way, since you have done it, it is the look out of the ESIC to pay him salary and medical benefits till he is fit to work and you need not worry about it.
You cannot consider him as a resigned employee because he has not resigned.
You need not pay salary to him because the salary will be paid by the ESIC. (In the case of employee not covered by ESI, the employer can pay salary till he has credit balance in his leave account and after that no salary will be payable)
Madhu.T.K

From India, Kannur
ALICIAGR
15

Dear Mr. Madhu T. K.
Can you please suggest on this - One of our employee met with an accident while on office duty and is out of ESIC salary limit. What is the rule in this case, as the staff is on medical leave since more than four months now and still not recovered.
Please advise.
regards,

From India, Pune
Madhu.T.K
4193

An employer is liable to take care of all medical expenses and pay compensation in case of death or disablement taken place during the course of employment. This is as per Workmen (Employees) Compensation Act. In the case of employees covered by ESI, this liability is taken by the ESI Corporation. In respect of those who are not covered by ESI, naturally, you have to take care of his medical expenses till he becomes fit to work. You should pay him salary treating the leave days as leave on medical ground and this leave should be over and above to what he is entitled otherwise.

Coming to practical side, you should also ensure that the employee is really bedridden because the employee should not take advantage of an accident. If you doubt that he is acting as if he is not fit, you can ask him to appear before a panel of Doctors and confirm that he requires more leave. The ESIC use to refer such cases to Medical Board for decision. Since this is not a case of ESI, you can initiate it.

Madhu.T.K

From India, Kannur
Harsh Kumar Mehta
923

Sir(s),
1. In the first case as referred by Mr.Rajesh N. the employee will be entitled for Sickness Benefit (mentioned as "salary" by Sh. Madhu T.K. in his comments) only in case he is entitled for sickness benefit under ESI Act, 1948 and rules/regulations framed thereunder.
2. In order to become entitle for sickness benefit under said Act, the insured person should have contributed at least for 78 days in corresponding contribution period of six months[Rule 55 of ESI (Central) Rules, 1950].This aspect is invariably examined by the appropriate Branch Office of ESIC before making payment of such benefit.

From India, Noida
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