Tsivasankaran
Consultant
Adv. Manoj Liyonzon
Lawyer, Chennai
Exiafsergeant
Personnel & Industrial Relations
9871103011
Private Consultant On Labour Laws
+3 Others

Thread Started by #Mann Bhatt

Respected All
I am working in a Pharma company in HR. My query is that one of our Medical Representation in field is attacked by Brain Stoke while traveling during duty hours in the Train. Due to this he suffered Temporary Disability and He is on leave since one year. Now the company want to compensate him under workmen compensation act 1923 but the issue is that disability arises out of Brain stroke is nowhere mention in the act and under which parameters or diseases he has to be treated for the compensation and what will be the wages ceiling for calculation. Please help in this matter. Need suggestion and guidance.
with regards,
Mann Bhatt
2nd April 2014 From India, Chandigarh
Wage ceiling for calculation under Employee Compensation Act is Rs 8000/ . In other words, an employee drawing a salary of Rs 25000/ per month will get benefit based on Rs 8000/
If the person is not going to return to employment due to stroke and if you want to treat this as employment injury, then the benefit should be 100%. You must calculate the disability as 100% even if the disability is not mentioned in the list. the logic is simple. the person has lost his earning capacity due to stroke and hence you do not want to engage him further. Then the calculation must be on 100% loss of earning capacity.
2nd April 2014 From India, Chennai
Thank you T.Sivasankaran for the information. But here I am confuse by this line ''if you want to treat this as employment injury''. Can it be on the discretion of company?. He was returning after working outside from his Head Quarter. Pls I Need more clarification on this subject.
with regards,
Mann Bhatt
2nd April 2014 From India, Chandigarh
Sales Representative returning after duty and meeting with an accident under norm al circumstances can be treated as Employment injury. There is no discretion but every accident need to be examined .
2nd April 2014 From India, Chennai
Dear T.Sivasankaran,
As stated by you that Wage ceiling for calculation under Employee Compensation Act is Rs 8000/ . In other words, an employee drawing a salary of Rs 25000/ per month will get benefit based on Rs 8000/.
My Query is if the employee drawing salary less than Rs 8000 then which ceiling calculation to be consider 8000 OR < Rs 8000.
Kindly revert with your valuable inputs
3rd April 2014 From India, Mumbai
Dear Mr Maan Bhatt - If the injury is temporary total - He has to produce a certificate from Medical Practitioner about his long leave. As per provisions of WC or EC, the company can compensate him with salary @ 25% of his last drawn salary for every 15 days, after completion of 15 days of temporary total disability, compensation becomes payable on 16th day and onwards.
This is for your information and necessary action, please. Thanks/Regards,
Manish S Joshi
3rd April 2014 From India, New Delhi
Respected All
I am working in a Pharma company in HR. My query is that one of our Medical Representation in field is attacked by Brain Stoke while traveling during duty hours in the Train. Due to this he suffered Temporary Disability and He is on leave since one year. Now the company want to compensate him under workmen compensation act 1923 but the issue is that disability arises out of Brain stroke is nowhere mention in the act and under which parameters or diseases he has to be treated for the compensation and what will be the wages ceiling for calculation. Please help in this matter. Need suggestion and guidance.
with regards,
Mann Bhatt
attribution https://www.citehr.com/489414-benefi...#ixzz2xzJdwyNv
5th April 2014 From India, Chandigarh
In addition to my previous Thread, I want to know that under what provisions, we can terminate the services of an employee due to long illness and what will be the liability of employer for final settlement ?
Mann Bhatt
5th April 2014 From India, Chandigarh
If the employee is a 'workmen' he can be terminated for continued ill health as per Sec 2(oo )of the ID Act 1947. Varghese Mathew 09961266966
5th April 2014 From India, Thiruvananthapuram
Dear Mr Maan Bhatt,

As you have claimed that one of your Medical representatives in field is attacked by Brain stoke while traveling during duty hours in the train and has suffered temporary disability.I do not understand as to how you have termed the disease as temporary disability. First of all you need to prove that the brain stoke has any relevance with the duties he was performing because Section 3(4) of the Employee's Compensation Act,1923 clearly states that no compensation shall be payable to an employee in respect of any disease which is not directly attributable to specific injury by the accident arising out of and in course of his employment except occupational diseases explained in Sub-sections (2), (2A) and 3 of the Section 3 of the Act.

As regards your query that the company want to compensate him under workmen compensation Act, 1923 but the issue is that disability arises out of Brain stroke is nowhere mention in the Act is concerned, Section 4 (1) (c) (ii) clearly provides that in the case of an injury specified in Schedule I such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (As ASSESSED by the QUALIFIED MEDICAL PRACTITIONER) permanently caused by the injury. Thus the qualified medical practitioner will decide the quantum of loss of earning capacity and whether the disease will cause temporary or permanent disablement to the beneficiary.



As regards your query that what will be the wages ceiling for calculation is concerned, the members have already explained.

BS Kalsi

Member since Aug2011
5th April 2014 From India, Mumbai
At first it should be confirmed, whether medical representative is an 'employee' under schedule 11 of the Employee Compensation Act. Varghese Mathew 09961266966
5th April 2014 From India, Thiruvananthapuram
Dear Mann Bhatt
-As the employee became ill while on duty hours, it seems there is a casual connection between his job & illness, that warrants compensation from employer.
-It is very clearly guided by Apex court, under similar cases to compensate the employee or his dependents under these circumstances.
-though it isn't directly referred through ""ORDERS" of ECA, apex court guideline determines compensation.
5th April 2014 From India, Chennai
Mr Manoj It is causal connection .Not casual.Both have different legal meaning. VARGHESE MATHEW
6th April 2014 From India, Thiruvananthapuram
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