If an employee get injured in factory and loses his 4 fingers during operation. will he be liable to get any compensation. If yes then how much? monthly salary is 9000 pm and relevant factor would be 216.91.
plz help
From India, Collectorganj
plz help
From India, Collectorganj
Dear sir
Yes the workman will be eligible for compensation either in accordance with the provisions of the Employees' Compensation Act or in accordance with the provisions of the ESI Act, 1948 if he is an insured person covered under the ESI Act. The condition is the accident should be occurred out of and in the course of employment.
Regards
R B Rao
Advocate
From India, Mumbai
114Yes the workman will be eligible for compensation either in accordance with the provisions of the Employees' Compensation Act or in accordance with the provisions of the ESI Act, 1948 if he is an insured person covered under the ESI Act. The condition is the accident should be occurred out of and in the course of employment.
Regards
R B Rao
Advocate
From India, Mumbai
Dear Friend,
The employee is very much entitled for compensation, however, the following points need be considered before going for compensation :
1) Is the loss of fingers are due to accident in the working place or due to wrong operational methods conducted on the injured part?
2) The fingers of the right hand or left hand? what are the gravity of loss whether the gravity attract future unemployment? Is it possible without the fingers the employee can earn? Can he be placed in another place of work in the same organisation? Can he be compensated for the loss by giving work in the organisation? All these circumstances of employment considered before compensating..
3) In case he cannot be considered for employment the compensation is higher and insurance particulars be gone through before compensating..
4) The gravity of finger loss be assessed by the Medical Board and the recommendation be considered for compensation..
5) Consideration by ESI ACt or Employment Compensation Act be noted before consideration..
All these aspects gone through thoroughly and the employee accordingly get the benefits..However, On your question personally I Feel he may be given some other work in the office and get compensated, as loss of fingers may entail the employee from doing earlier works on machinery, or hard works...he may be given lighter works and put his life running well oiled...
Best of Luck..Your concern for an employee is the most humane kindness you show ...
From India, Arcot
The employee is very much entitled for compensation, however, the following points need be considered before going for compensation :
1) Is the loss of fingers are due to accident in the working place or due to wrong operational methods conducted on the injured part?
2) The fingers of the right hand or left hand? what are the gravity of loss whether the gravity attract future unemployment? Is it possible without the fingers the employee can earn? Can he be placed in another place of work in the same organisation? Can he be compensated for the loss by giving work in the organisation? All these circumstances of employment considered before compensating..
3) In case he cannot be considered for employment the compensation is higher and insurance particulars be gone through before compensating..
4) The gravity of finger loss be assessed by the Medical Board and the recommendation be considered for compensation..
5) Consideration by ESI ACt or Employment Compensation Act be noted before consideration..
All these aspects gone through thoroughly and the employee accordingly get the benefits..However, On your question personally I Feel he may be given some other work in the office and get compensated, as loss of fingers may entail the employee from doing earlier works on machinery, or hard works...he may be given lighter works and put his life running well oiled...
Best of Luck..Your concern for an employee is the most humane kindness you show ...
From India, Arcot
Dear NIM_HR,
The querry u raised really shows ur concern about the employee benefits. Although MR Gopinath has described the most valuable points for the compensation.
He will definitely get the benefit (lumpsum, monthly pension or both). I have dealt with a case, but the employee was covered under ESI.
The road accident took place, while the employee was on field duty. He also had some finger loss and small disability in legs. We have presented the case with Accident Report to the ESI, local office, alongwith the FIR, individual's documents etc. There is a medical Board in ESI who decide the Disability nature and % accordingly the benefit/s decided.
Pls share your outcome on the matter. How and what amount of benefit/s the employee get. This will help other member to enhance practical knowledge.
Also share deeply the procedure/s, documentation, Authorities dealings etc. in detail, so that we can take care of imp. points for our reference.
Since most members of this Forum are related to same nature of work. Your experience will really help a lot to other members.
Rgds,
PAN SINGH DANGWAL
9560476777
From India, Delhi
The querry u raised really shows ur concern about the employee benefits. Although MR Gopinath has described the most valuable points for the compensation.
He will definitely get the benefit (lumpsum, monthly pension or both). I have dealt with a case, but the employee was covered under ESI.
The road accident took place, while the employee was on field duty. He also had some finger loss and small disability in legs. We have presented the case with Accident Report to the ESI, local office, alongwith the FIR, individual's documents etc. There is a medical Board in ESI who decide the Disability nature and % accordingly the benefit/s decided.
Pls share your outcome on the matter. How and what amount of benefit/s the employee get. This will help other member to enhance practical knowledge.
Also share deeply the procedure/s, documentation, Authorities dealings etc. in detail, so that we can take care of imp. points for our reference.
Since most members of this Forum are related to same nature of work. Your experience will really help a lot to other members.
Rgds,
PAN SINGH DANGWAL
9560476777
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx