Ravi5554
Asst.manager -hr
Apex Management
Labour Laws Consultants
Adv. Manoj Liyonzon
Advocate, Chennai
+3 Others

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Dear All,
Is there any law in India which specifies the compensation to be paid for accidents arising out of work for an office worker or an IT professional? Is the Employee compensation act covering the service sector?Kindly revert.
Unnikrishnan

From India, Trivandrum
Workers' Compensation and Employee Accidents

POLICY

Employees who are injured on the job or develop work-related health problems must immediately report them to the supervisor to assure proper processing of claims. The supervisor must complete and submit a Report of Injury to Human Resources within workdays of the injury or notification of a work-related health problem.

Statutory Benefits

Under state law, ABC provides the following benefits: medical attention, hospital care, rehabilitation costs, compensation for permanent disability, compensation for lost time, and compensation for death.

Compensation for lost time begins on the calendar day of disability. If the disability continues for more than 14 calendar days, compensation is paid for the first calendar days of disability. ABC assumes the entire cost of Workers' Compensation Insurance.

Supplemental Benefits

ABC will also provide supplemental benefits for regular employees as follows:

· During the first calendar days of disability, employees receive their regular salary. This is not charged against accrued sick leave credits.

· On the day of disability, employees receive compensation benefits as provided by the State ABC Workers’ Compensation Act. Employees with sick-leave credits can use them to “top-up” their compensation benefit until these credits have expired. This enables employees to receive their regular pay during the disability. If sick-leave credits are exhausted, the employee may use accrued annual leave in the same fashion. Combined compensation benefits and supplemental benefits cannot exceed the employee's regular pay. In the event of an overpayment, ABC will make adjustments to the employee's next scheduled paycheck and leave credit balances.

· Employees will be given a temporary medical disability leave of absence without pay if their eligibility for supplemental benefits has terminated or sick leave/annual leave has been exhausted.

· Time away from work covered under the Workers' Compensation Act is not a break in continuous or creditable service with respect to eligibility for sick leave, annual leave, pay adjustments and retirement.

Maximum Benefits

Benefits will ensure employees do not receive more than their normal pay when combining the statutory benefit and the supplemental benefit.

Coverage

Medical expenses and compensation are covered for employees who are injured on the job or develop work-related health problems.

Death benefits are provided should the accident or disease result in death.

Payable Expenses

State statute will determine whether medical expenses and compensation are payable, the amount(s) and the duration of such payments.

Responsibilities

Injured Employee

· Immediately report any work-related accident or illness to the supervisor.

· Seek medical care or treatment.

· Inform medical care provider that the injury/illness is work-related.

Supervisor

· Immediately obtain required medical care for the employee.

· Immediately report death or severe injury to Risk Management.

· Immediately investigate the accident, determine cause(s) and identify prevention steps.

· Within workdays of the accident, complete the Report of Injury or Illness and forward it to Benefits.

· Notify Benefits when the employee returns to work after a work-related injury or illness. Complete the Return to Work form, attach medical certification, and forward it to Benefits.

PROCEDURE

Immediately report all work-related accidents and illnesses to the appropriate supervisor, regardless of the severity or cause.

Any work-related accident or illness resulting in death or severe injury must be reported immediately to Risk Management.

The supervisor immediately investigates the accident to determine the cause and develop preventative measures.

The employee should seek immediate medical care. If the employee is seriously injured and cannot be moved, the supervisor should call for an ambulance.

The cost of medical care resulting from a work-related injury or illness is paid by State ABC's Workers' Compensation Program.

From India, Mumbai
The Employees Compensation Act has limited application in IT/Service sector in Kerala except to persons employed as drivers, in repair and maintenance of electrical fittings, as watchmen,loading unloading etc.

9961266966

From India, Thiruvananthapuram
IT company is an establishment. However, if it is SEZ, the labour laws
will not apply to it.
However, you are telling that it is while on office work accident, the employer is bound to pay compensation. you can file civil case if he denies to pay compensation.

From India, Hyderabad
In which law it is said that Labour laws are not applicable to firms in SEZ.?I have gone through The Special Economic Zone Act 2005.I did not find any such provision.

9961266966

From India, Thiruvananthapuram
Dear all,



As narrated by Mr.Mathew, no such exemption is available in case of SEZ and WC Act is applicable in case of injury caused under section 3 chapter II of Workmen Compensation Act,

(1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable--

(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 3*[three] days; (b) in respect of any 4*[injury, not resulting in death, caused by] an accident which is directly attributable to--

(i) the workman having been at the time thereof under the influence of drink or drugs, or

(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or (iii) the wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the

purpose of securing the safety of workmen.

In case the employee concerned is covered under the provisions of ESIC Scheme, the claim has to be paid by the ESIC by following the procedure laid down.

P K Sharma

From India, Delhi
Unni
Accidents arising out of work shall be compensated. Several judgments ensures it. Only if labours can claim compensation for work accidents, then there is no natural justice exist. Proceed in a right way.

From India, Chennai
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