If the employee is covered under the ESI, then the leave shall be without pay and the ESI will compensate the loss of pay. If he is an uncovered employee by reason of getting salary of more than Rs 10000, then it becomes the responsibility of the employer to allow him leave with pay. In case of workers working in the factories and those specified in the Schedule II of the Workmen's Compensation Act, the employer is bound to pay compensation for temporary disability ( which has lasted for more than three days). For others there is no specific provision in labour laws which makes the employer liable to do something. Therefore, in such situations, the understanding between the employer and the employee shall be looked into. It is often found that in such occasions, the employer will take care of employee according to the personal relationship which exits between them.
The gravity of accident and the situation which led to such accident also play a lead role in this regard.