Private Consultant On Labour Laws

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One of my colleague met with an accident while returning home from work (Fell down from the company bus). He was fractured ligaments and had to take leave for almost 4 months. The company had medical insurance which he covered the medical expenses.I want to know if the person is eligible for monetary as well as leave compensation as he was under loss of pay and had to avail all his leaves as per the Indian labor law. This is a MNC and the HR policy does not cover these. Moreover the HR is also a foreigner and is not aware of any such laws.
Please provide with the correct information so that as a Manager I can forward his case to the HR and help him.

From India, Kochi
Dear Pradeep,

Since your colleague has met with an accident while travelling in company bus returning home after work, such accident shall be treated as accident arising out of and in course of his employment and you employer is liable to pay compensation in accordance with the provisions of the Employees's Compensation Act,1923. Your employer is liable to meet with your medical expenses without any limit.The liability of payment of compensation shifted from the employer to the Employees State Insurance Corporation, if the employee is an insured person and covered under ESI scheme.

The amount of compensation payable by the employer shall be calculated as follows:

(a) In case of death. - 50% of the monthly wages X Relevant Factor or Rs. 1,20,000/-, whichever is more and Rs.5000 for funeral expenses.

(b) In case of total permanent disablement Specified under Schedule I - 60% of the monthly wages X Relevant Factor or Rs. 1,40,000, whichever is more.

(c) In case of partial permanent disablement specified under Schedule I - Such percentage of the compensation payable in case (b) above as is the percentage of the loss in earning capacity (specified in Schedule I)

(d) In case of permanent partial disablement not specified under Schedule I .-Such percentage of the compensation payable in case (b) above, as is proportionate to the loss of earning Capacity (as assessed by a qualified medical practitioner).

(e) In case of temporary disablement (whether total or partial). - A half-monthly installment equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is shorter.

The provisions under Employees's Compensation Act,1923 are explained above.

BS Kalsi

From India, Mumbai
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