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I met an accident where I was hit by a motorcyclist coming at very high speed while (I) taking a turn to enter the factory gate. It happened at a distance of 15-20 meters from the gate. I was picked up and sent to plant dispensary by the plant security and other personnel. I was diagnosed with a fracture in my ankle and recommended a minimum bed rest of 1 month.

Now the factory HR and safety department says as the accident happened outside the plant gate, I am not eligible for compensation of days lost during the treatment. Though through ESI my medical bills may be compensated.

My query is whether I can claim for the loss of pay for the duration I am on the bed for treatment and if claimable, then what is the percentage I can claim. Can I claim my full day pay for the days, I am on bed for healing the fracture?

From India, Gurgaon
Industrial Relations
Production Engineer
Office Administratiion


Dear Jahanzeb,

The Workmen’s Compensation Act clearly states to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.

The three tests for determining whether an accident arose out of employment are:

1. At the time of injury workman must have been engaged in the business of the employer and must not be doing something for his personal benefit;

2. That accident occurred at the place where he as performing his duties; and

3. Injury must have resulted from some risk incidental to the duties of the service, or inherent in the nature condition of employment.

What i want to say with the above statements is that, your accident has ARISEN OUT OF EMPLOYMENT

therefore, you should get the benefit under "Workmen compensation act - 1923" (If it was not a purposeful accident). Your accident, as per your saying seems to lie under "temporary partial disablement". Although, i am not sure what % you can claim.

I would suggest you get appropriate suggestions from a senior person who deals with labor laws. Hope you recover soon!

From India, Mumbai

Dear Jahanzeb
Here you have to consider two things.
1. ESI - Your factory is being covered by the ESIC and the treatment part will be taken care of by the ESI. (For insurance part I request our learned members to reply)
2. Workmen's Compensation Act - It is not applicable in your case as you are being covered by the ESI.
1. For insurance part your factory is liable to do because you got injury while on the way to work (as said by you). So you can discuss with your HR department and get clarified.
2.. The Motorcyclist will be having the Insurance cover for his Motor Cycle and if you file a Case in MACT, then you can get the compensation for this temporary partial disability. Hope you might have filed the FIR in the nearer Police Station about the accident, so that the Motor cyclist can be sued and you will get the Insurance compensation.

From India, Kumbakonam

Mr. Bhaskar is right. I am sorry, i did not read about the ESI mentioned. Therefore, Workmen Compensation Act is not applicable in the case. Sorry again.
From India, Mumbai

Dear Siddz28
Normally either one only applicable. Today you learnt it. That's all. No need to feel sorry. Our life itself is a class room and we are learning daily. Even I do not know about the ESI compensation part.
Shall we expect our learned members guide us about the compensation being paid by the ESIC.

From India, Kumbakonam
Prashant B Ingawale

Dear Jahan,
If you are covered under ESI then the" Accident ' took place will be covered under notional extension andt your loss of pay will be remibursed to you on Full Rate by ESI.
So please contact ESI dispensary at the earliest.
Wish you good health soon.

From India, Pune

Dear Prashant
Thank you for your timely guidance to jahanzeb. Is he required to submit anything like FIR, Accident Report or any Treatment taken details from ESI Hospital and whom to contact. Please give complete details to our friend.

From India, Kumbakonam

Yes you can get the benefit under "Workmen compensation act - 1923, the accident is arisen near the factory primises as per Industrial Disputes Act, 1947 for further detail you can contact an advocate who is handling the labour case
thanking you
kannan Thevar. S

From India, Mumbai
Ved Parkash Bawa

As per my knowledge if you are covered under ESIC & you get treatment through that case you will be compensated by ESIC after depositing the required information to ESIC.You will get 70 % Of wages from esic so no need to worry just complete the formalities of ESIC.

From India, Delhi

Dear Seniors!
I discussed the case with the company HR personnel and they say that we are no longer covered under ESI rather we are now covered under Group Health Insurance.
Please suggest the next course of action.

From India, Gurgaon
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