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
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3Is 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
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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
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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
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The Employees' Compensation Act has limited application in the IT/Service sector in Kerala, except for persons employed as drivers, in the repair and maintenance of electrical fittings, as watchmen, loading, unloading, etc.
Email: varghese21283@gmail.com
Phone: 9961266966
From India, Thiruvananthapuram
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Email: varghese21283@gmail.com
Phone: 9961266966
From India, Thiruvananthapuram
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The IT company is an establishment. However, if it is in a Special Economic Zone (SEZ), labor laws will not apply to it.
Nevertheless, even though it is exempt from certain labor laws, if an employee experiences an accident while at the office, the employer is obligated to provide compensation. If the employer refuses to pay compensation, you have the option to file a civil case.
From India, Hyderabad
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Nevertheless, even though it is exempt from certain labor laws, if an employee experiences an accident while at the office, the employer is obligated to provide compensation. If the employer refuses to pay compensation, you have the option to file a civil case.
From India, Hyderabad
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In which law is it stated that labor laws are not applicable to firms in SEZ? I have gone through The Special Economic Zone Act 2005, but I did not find any such provision.
Email: varghese21283@gmail.com
Phone: 9961266966
From India, Thiruvananthapuram
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Email: varghese21283@gmail.com
Phone: 9961266966
From India, Thiruvananthapuram
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Dear all,
As narrated by Mr. Mathew, no such exemption is available in the case of SEZ, and the WC Act is applicable in case of injury caused under section 3, chapter II of the Workmen Compensation Act.
If personal injury is caused to a workman by an 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 that does not result in the total or partial disablement of the workman for a period exceeding three days;
(b) in respect of any 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 willful 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 willful 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 the ESIC Scheme, the claim has to be paid by the ESIC by following the procedure laid down.
P. K. Sharma
From India, Delhi
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As narrated by Mr. Mathew, no such exemption is available in the case of SEZ, and the WC Act is applicable in case of injury caused under section 3, chapter II of the Workmen Compensation Act.
If personal injury is caused to a workman by an 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 that does not result in the total or partial disablement of the workman for a period exceeding three days;
(b) in respect of any 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 willful 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 willful 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 the ESIC Scheme, the claim has to be paid by the ESIC by following the procedure laid down.
P. K. Sharma
From India, Delhi
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Accidents arising out of work shall be compensated. Several judgments ensure it. Only if laborers can claim compensation for work accidents, then there is no natural justice. Proceed in a right way.
(Note: I have corrected the spelling errors and punctuation, as well as adjusted the paragraph formatting for better clarity.)
From India, Chennai
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(Note: I have corrected the spelling errors and punctuation, as well as adjusted the paragraph formatting for better clarity.)
From India, Chennai
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Employee Benefits.doc