Thread Started by #Ashok Maloo

Dear Sir's,

One of our employee met an accident when returning back to home after finishing is duties in Office, he had severe head injuries and treatment undertaken at Private hospital which cost around 10 lakh the expenses paid by their family, Now the bills were sent to ESIC for claims,

He met an accident in July-13, After recovery he partially lost one of his eye sight and he is lost his memory,he hardly remember his family members, Doctor's told they finished their part and he may or may not recover his memory, So he can't work,

Few inputs

Our office in Tamil Nadu

The employee directly employed by the company

The employee service is more than 10 years, he is entitled for ESIC, EPF

our employment comes under shops and establishment act

He has valid license and the vehicle covered under insurance

Not able to trace the Lorry which caused the accident

FIR filed with Police

ESIC procedures completed (only for reimbursement of medical bills) and submitted the bills,

At employee point, what are the benefits / compensation he can avail from whom and under what act, and what are the procedures

At Employer point, what are the liability of the employer, how to compensate under what act and what are the procedures

At HR Point, Being a HR what are the things i have to do,

At His Families point, What they have to can they approach for social welfare schemes, or labor welfare fund etc

Please give your inputs if any i missed out

I request for detailed reply,

Thanking You,
17th November 2013 From India, Jaipur
You have not clarified whether your Principal Employer has submitted Accident Report to the appropriate Branch Office of the ESIC immediately after occurance of the accident. Kindly see Section 51C of ESI Act, 1948 which clarifies about accidents happened while travelling in employers' transport.
In such circumstances, the Insured Persons, if the case is admitted as that of Employment Injury, are entitled for disablement benefit as provided under said Act. However, such acceptance of accident case depends upon facts of each case.
Kindly see if such options have been examined by your factory/establishment. You can discuss the matter with Branch Manager of ESIC of your area.
With kind regards;
17th November 2013 From India, Noida
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