Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Glidor
Hr Consultant
SOUBHIK KUMAR GHOSH
Hr - Incharge
+1 Other

Thread Started by #thacasya2001

My brother met with an industrial accident last month while operating a 100 ton sheet cutting machine. he lost 3 of his right hand fingers 33%. The management filed the online accident report citing that some of the machine spare parts dropped on his hand resulting injury. ( but actually while operating the machine the accident happened. Immediately the management rushed him to stanley hospital and they amputed the injured fingers.

The management took him to nearest police station and taken a statement the same day while he was on medication. advice how to proceed further. right now he is under ESI leave. They have not given the accident report hard copy to ESI. The management says him to deal with the ESI and they whatsapp him for speedy recovery. financially they have not helped him so far. Pls advise how to proceed further.

dhandapani
29th July 2016 From India, Erode
I don't know what was the need for taking him to Police Station. The employer is expected to handover the hard copies of the accident report filed online to the ESIC Branch Office and Medical Officer. Now since the employer has not done it, you can approach the ESI Branch Office and tell the Manager that the report was filed online. The Manager will ask for the report along with other documents like attendance register (to know whether the injured was present for work on the day of accident), statement by witness to the accident and the Accident book and proceed on it.

In instances like this wherein there are differences in depositions about the accidents, the scope of even rejection of claim is also there. I don't understand why the employer had filed a different reason for injury hiding the actual reason when it does not matter to him anyway.

Legally, in such matters, the employer need not do any financial or other help because the employee is an ESI covered person. It is the ESIC who should provide him better treatment, super speciality treatment, if required, calculate the loss of earning capacity and decide how much pension (disablement pension) should be given to the IP. But the employer can always follow up the ESIC and get the things done in order.

Madhu.T.K
30th July 2016 From India, Kannur
Dear Dhandapani,

As per Factories Act 1948,

Notices to appropriate authority :

i) Notices of accidents causing death or bodily injury. (Sec. 88)

ii) Notices of dangerous occurrences. (Sec. 88-A)

iii) Notices of specified diseases. (Sec. 89)

WBR 96:

Has notice of Accident or dangerous occurance, resulting in death or bodily injury which is likely to cause death, been sent as per this rule.

Forms & Returns to be maintained & filed:

WBR 103- Form No. 22 - Annual Return to the Inspector in duplicate

WBR 103- Form No. 23 – Half year Return to the Inspector

WBR 106- Form no. 24 - Register of accidents and dangerous occurrences

As per THE EMPLOYEES COMPENSATION ACT, 1923

Please check, Whether reports of fatal accidents & serious bodily injuries as required by Sec. 10-B are made in Form EE in accordance with Rule 11 of the Workmen’s Compensation Rules, 1924?

Whether employer give notice of accident of serious bodily injury to the commissioner within 7 days of accident.

As per EMPLOYEES’ STATE INSURANCE ACT, 1948 .Read with ESI (GENERAL) REGULATIONS, 1950

Whether an accident book in Form 15, maintained? (Regulation 66)

Whether report is being sent, in case of accidents, in Form 16, to the nearest Local Office and the nearest Medical officer?(Regulation 68)

Whether complied with Regulation 69:

Every employer shall arrange for such first aid and medical care and transport for obtaining such aid and care as the circumstances of the accident may require till the injured person is seen by the Insurance Medical Officer and such employer shall be entitled to reimbursement in respect of expenses thereby incurred by him but not exceeding such scale of expenses as may be specified by the Corporation from time.
2nd August 2016 From India, Kolkata
1.Sir, the employer is required to submit Accident Report to the appropriate Branch Office of ESIC within stipulated time as laid down under Regulation 68 of ESI (General) Regulations, 1950. In case, employer has submitted any wrong facts, the injured employee can inform the concerned office about correct facts. Even if in the said accident report filed by employer says that "some of the machine spare parts dropped on his hand resulting injury", I think, there can be no problem in admitting the case as that of employment injury because, the accident (as mentioned by the initiator of this thread) has occurred out of and in the course of employment.

2. I think, if the injured employee want to say any think in writing and correct the version of facts as mentioned in the accident report submitted by employer, he can submit statement to the concern Branch Office Manager alongwith confirmation by witness.

3. In order to get Temporary Disablement Benefit (TDB), I think, injured employee can contact the said Branch Office for payment of said benefit to him on the basis of medical certificates issued by ESI Dispensary. After the injured person is declared as fit, he can apply, in my opinion, for medical board and on the basis of the decision of medical board, the said injured person can be paid Permanent Disablement Benefit (PDB) (which is called as pension in general terminology) depending on if there is any disability as may be awarded by the said medical board. The employer is not legally required to make any payment to said injured employee as laid down under section 53 and 61 of ESI Act, 1948.
3rd August 2016 From India, Noida
employer has tried to save the employee,

if employer makes report that the fingers got inserted in machine, then it would get the fault of operator, who is either done it willingly or was not fit for operating the machine at the time of incident, ......... employer admitted that the incident has been during hours and during the course of working, that is enough for ESIC benefits,

Regarding police complaint (it is not complaint, but a police verification report), ..... the employee has been taken to stanley hospital, not the ESIC hospital or dispensary, and in case of any fatal injury, the police report is must, to get the incident reported, it is duty of hospital to call police 1st then start treatment, but they have co-operated, and it is mandatory for their records that police verification is completed in this specific fatal injury case.

can not comment right now on accident report submitted and the incidents thereafter. but i hope that the employer has done the best possible from his side, and if the accident report is submitted, then the employee has got the best possible treatment / benefits
6th February 2017
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