We are a construction company and consultants and manufacturers' of Tunnel Boring Machines. As per Company Policy, Sick leave can be 7 nos in a year.
But if someone meets with an accident and is adivsed rest for 20 days, he shall not fall under the purview of serious bodily injury as per Workman Compensation act Sec-10(1), but still we have to pay him half salary for the period he produces medical. How can we term this kind of leave?
Secondly if the period of temporary total/partial disability increases to say 1 year, then how can we compensate the workman. Insurance company says that all the payments made shall be done only in the Court of W/c Commissioner. What if the work is completed before the expiry of said disablement.
Still further it is also learnt that Medi-Claim is not provided under W/C Act and Insurance Policy thereby. Any Opinion is welcome.
28th August 2006

Dear Aby :D The absence caused due to injuries covered under the WC Act need not be regularised under your leave head. This is a statutory liability and the treatment to be given is to reckon such absence to be as on duty for purposes like gratuity, retrenchment etc.
Such period of absence can extend to a max. of 5 years and the half-monthly compensation is payable till then, {Sec.4(2) (ii)} even though the project may have been completed.
As per Section 8, only in case of death, payment to women or to a person with legal disability need to be made through WC commissioner . Such agreements have legal validity and should be admissible to insurance agencies.
In law there is no provision for medi-claim insurance or such other arrangement, agreed.
Thanks. KK Nair
29th August 2006
Dear Mr. Nair,
Thanks a lot for your advice but I particularly mentioned less than 20 days i.e. it does'nt fall under the purview of WC Act. How can we term these Compensatory Leaves paid at half the rate of wages.
I have another question please, that How shall an insurance company pay half-monthly wages, as the certificate of disability is provided by the doctor, say after past some months. How can a payment be made thereby? Any Suggestions r welcome.
Thanks Again.
29th August 2006

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