Mr. Nimesh has rightly stated that the employee who is covered under the ESI Act, 1948 is not entitled to receive any compensation under the W C Act, 1923 now known as Employee's Compensation Act, 1923. Section 53 of the Employees State Insurance Act, 1948 debarrs the insured employee to receiver any compensation under any other Law which may be read as under:
Sec. 53. Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
At present the maximum wages limit for calculation of compensation under the Employee's Compensation Act, 1923 is Rs. eight thousands while the wages is defined as under:
(m) “wages’ includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer an employee towards any pension or provident fund or a sum paid to an employee to cover any special expenses entailed on him by the nature of his employment;
Thus the limitation is only for calculation purposes otherwise there is no limitation for the persons who are covered under the definition of the employee.
You have a very interesting questions and incident. Since you have received the correct reply to your question, I do not go into it. Since I have taken up a study on safety of Hospital workers, can you pl.give more details of the incident as to when ans where this happened, name-age and other details of the victim, whether loss in both eyes or one? Whether vision loss is total or partial etc. Which State is this? IN Gujarat, ESI Act is not applicable to private nursing homes. Which is the State where this has taken place? I request other readers, too, to send me information of accidents like these, if they come across
She is 27 year old
Incident occured when she is about to open/manage oxygen cylinder for official purposes ( absence of Operater)
Her right eye has lost ( permanently)
state - Kerala
Hospital - can't disclose due to technical reasons
Incident occured - 23rd Friday July 2010 around 10.00 PM ( Exactly 9.53PM)
according to Employee's compensation act, 1923, compensation part is OK as per formulas for industrial accidents.
Further, is injured employee can eligibile for any other compensation like special leaves for the period treatment, Reimbursement of hospitalisation expenses etc.,
Further, can injured employee avail eligible leaves ie CLs,ELs or SL.,. (OR) Attendance of Injured person Must be maintaned as loss of pay days for the period of treatment.
Thank you so much for the information. This is very useful. If in case the victim needs any help to deal with the compensation issue we will be glad to help out with right advice which we provide free. If she is not happy with the decision of he Medical Board either on amount of the compensation or its applicability she has right to approach Medical Appeal Tribunal constituted under ESI Act
Since I am safety professional some more questions came to my mind on the incident you narrated. I shall be highly obliged if you can help me get some more information to my questions:
1. What injured the eye? Splash of Oxygen released from the cylinder or the splinter of the cylinder? Or the tools she used to open the valve injured the eye?
2. Did the cylinder burst or the valve assembly got off from the cylinder threads and the cylinder remained intact?
3. How fast she got the first aid treatment? Was she admitted in the same hospital for treatment?
Thank you in anticipation