Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Aks17
Compliance Manager

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Good Afternoon Seniors...
Need your guidance in a case. An employee met an accident while working on site due to his own negligence of safety parameter as trained to him time to time.
Employee is Not covered in ESIC scheme.
Employee is covered under EC.
He has got factures and gap between bone. Treatment is costing much and he definitely will need 2 3 months to come back to job.
In entire case as per law what are are the liabilities of the employer towards employee and dependent.
Kindly guide...
As in person on humanity ground company has helped him with his treatment, but need to know within legal parameter what an employer should do.
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No question of showing just humanitarian consideration to an employee covered under the Employees Compensation Act, 1923 when he gets injured in an employment accident.
The employer is legally liable under the Act to bear the entire medical expenses and pay him compensation depending on the extent of consequential loss of earning capacity suffered by the employee.
It is mentioned that accident occurred while working on site due to the workman's own negligence of safety parameter as trained to him time to time. As regards accident occurring due to negligence, the exemption from liability occurs only when there is wilful disobedience of the order expressly given or to a rule expressly framed, for the purpose of safety or when it is caused by wilful removal or disregard of any safety guard or other device which he knew to have been provided for the purpose of securing safety (Section 3 (b) (ii) & (iii) refers). Unless you have a case as per the above requirements, the liability attaches as pointed out by Umakanthan Sir.
Hi
Please do not try to pass on the responsibility onto the employee lest you will be prosecuted. As rightly mentioned by the learned members earlier, the injury having occurred during and in the course of employment puts the responsibility squarely on the employer [exception has to be proved by the employer and not the other way around]. Also one fails to understand as to why no insurance is covered as these issues are bound to happen no matter what sort of training and safety measures are imparted and put in place. See that proper insurance policy is covered in the future to avoid stress and economic burden and also help the employees in case of any emergencies.
Thanks and Regards
Dear Aks,KK and umakant sir,
First of all thank you for valuable feedback.
Safety equipment have been provided.
The kind of accident took place can happen only in condition of negligence of safety rules.
All our safety engineer are unable to understand how this incident took place.
Employee is injured in an area where he is not supposed to enter without putting off the equipment/machines he is injured with.
Also he had not wear safety equipment provided to him.
Employee negligence can be proved in a second from the expert in our industry.
Instead we take some strict action to avoid further auch incident in future by any other employee, we are asked to pay entire payment?
Why there is nothing for employer to take stand for right thing?
Employer is supposed to pay lacs for the negligence behaviour of employee ??
That's unfair, poor employer !!
doesn't matter how much they are complied with law rules , all laws are favouring employee.
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