20th January 2017 From India, Bengaluru
if the person is covered under ESIC, then his total treatment and sickness salary is borne by ESIC, and in case of disability or death, the same is also covered by ESIC, so employer is not forcefully liable for any such damage claim, except the first aid and sending the IP to nearest ESI hospital, and submitting of accident report ( if any) balance care is taken by ESIC dispensary or panel doctor,
i think he can get covered under ESIC with the increased limit of 21000, if possible then make it available, that would be a great relief for employee as well as employer also
in absence of such option, advised to form an internal committee with workers where at least one of the person should be from management side, to take decisions on his present situation and resume of his work,
on the report of the committee, offer the employee a lower stress job, for 2-3 months, option for him to recover,and resume on old post, for his good, otherwise he is free to downgrade his experience,
20th January 2017
The accident took place in November prior to the limit enhancement which happened in Jan17, under these circumstance ESCI will not entertain such incidences.
Since it is not an industrial accident or mis-happening the compensation possibilities does not arise and it is considered as his personal health problem. It depends on the organization to help the employee on humanitarian background he can be shifted to some other lighter job which may allow under his current health conditions.
Purely an organizational call depending on the situation, I think no legal guidelines exist to handle such situation.
General Manager - HR
21st January 2017 From India, New Delhi