Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
SOUBHIK KUMAR GHOSH
Hr - Incharge
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.
30th July 2016 From India, Kannur
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)
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
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
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