PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner - Risk Management
Asst Manager- Odisha
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saswatabanerjeeYou are eligible for compensation under employee compensation act if the accident was during and in the course of business. If it was on your home from whom then it is not covered. The fact that the motorcycle belongs to the company is immarterial. You may also be eligible for compensation from PF and EDLI
In addition you are eligible for claim from the insurance company under the motor vehicles act. However, you will need to explain why the claim was not made for a whole year after the accident.
Your company is definitely within rights to terminate you. However, if they are generating payslip but not paying the salar then they are exposing themselves to further action. Please ask someone from your family to speak to the labour commissioner closest to your place and take his help in getting you the compensation that may be due
From India, Mumbai
Ramakrishna TerapalliDear sir
Thank you for your response.
At the time of accident FIR was not registered due to my superiors disagree to accept file the case regarding self accident on company MV. But MLC is registered where police man sign is there.
How can I claim PF and EDLI and also MV claims
Iam under Management cadre employee, am eligible for to contact labour commissioner or not.
Please inform me sir.
Thanks and regards,
From India, undefined
Sorry to hear that what happens to you. God should give you strength to come out of this at the earliest.
Hire an advocate to get all such benefits. Since employer is not responding to your requests. As Mr.Banerjee rightly said you are eligible PD benefit under Employee Compensation Act(Previously called as Workmen Compensation Act). This act is applicable to all the employees and not only to the workmen. Give a legal notice to the employer on all the medical expenses, wages for the period and PD Compensation including EDLI. All these are your rights and no one can deny that. Parallel to these give written compliant to the labour department (Labour Inspector, CC to Assistant Labour Commissioner of your location, Deputy Labour Commissioner and Labour commissioner). Send this copy to your employer as well. All these communication, please made it through Registered post with AD.
For insurance under MV act, you may have to file a petition in the local court with the medical reports and Medico legal case documents.
Hope this will help you.
From India, Bangalore
Ramakrishna TerapalliDear sir,
Thank you very much sir, I will contact to advocate and labour officer soon. Then I will get back to you sir.
If possible please share your contact no and mail ID
Thank you sir,
From India, undefined