A person sustained injury during working (driver got sudden jerk while driving) in factory premise. The company provided all possible medical assistance & treatment (got him operated also). Despite recovery the person evades coming to work on persistence of not being fit to work even light duty / clerical preferred by company and doctor's report.
The individual continues to be absent from work and hope to get full payments since 04 months. What could be the process to discontinue his services? Any compensation needs to be paid for his injury although the doctor's report says fit for light-duty? Can he be compelled to take advice from a hospital or employer's choice?
Request for expert advice.

From India, Delhi
Dear Subhash,
Is the employee covered under ESI? If yes, then why he was not told to avail of the medical facility from the ESI hospital?
If the certified medical practitioner, whether from ESI Hospital or otherwise has given the medical fitness certificate then issue him a letter for joining the duties. Send the letter by Speed Post with AC due. Send the scanned copy of the letter by email also. In the letter, clearly mention the date on which he must join the duties. Failure to resume duties will be considered as misconduct and it will be dealt with as per the regular service rules.
Is the employee covered under medical insurance? If yes then let him claim compensation from the insurance company.
Thanks,
Dinesh Divekar

From India, Bangalore
Thanks Dinesh,
The ESI coverage doesn't exists since non applicability in this location. However covered under workmen's compensation clause with insurance.
The issue is how long we can carry such person with pay (even on humanitarian grounds)? Would like to separate but what process to adopt and how to derive compensation amount, if any as no disability defined, its only individual persistence of not being able to join work.

From India, Delhi
Dear colleague,

You may consider following actions:

* If it is possible, stop his payment forthwith since you have been considerate for over four months.

* Since doctor has certified him fit for light work, write a letter to him narrating a brief sequence of events from the date of his illness till his fitness by the doctor and report for work within forty eight hours failing which it will be treated as absence from the work entailing disciplinary action.

Despite receipt of this communication, he continues to remain absence for more than 10 days, initiate disciplinary action- chargesheet, domestic enquiry etc in consultation with local labour lawyer/consultant.

At appropriate time, you have option of his being examined by the company appointed doctor if his fitness is called in question.

Regards,

Vinayak Nagarkar

HR and Employee Relations Consultant

From India, Mumbai
This is case of an accident as the person succumbed an injury while performing his duty. It is duty & obligation of the employer (The company) to provide all possible medical assistance & treatment, and it is right of the employee to get same.
The opinion of the treated doctor counts a lot in this case matter. You should take the opinion of a designated Civil Surgeon of the Govt Hospital of the area by examining the employee ( do not hesitate to take the fresh X ray & CT Scan report) and Fit certificate.
Once you have the report of the Civil Surgeon, issue a letter to the employee to resume the duty in next 48/72 hours or otherwise it shall be treated as your will that you are no more interested to work.(mark a copy to Asst labour commissioner).
Incase the workman does not turn-up to work, you may initiate disciplinary action- but do with consultation of a lawyer/consultant.

From India, Mumbai
Dear Subash,

Interestingly, your post is silent about the fact whether the employee was given any compensation under the EC Act,1923. Since the employee was involved in an employment accident and got injured, you are bound to pay him compensation under the Employees Compensation Act,1923 based on the loss of earning capacity due to the degree of disability sustained by him. Refer him to medical board and ascertain the percentage of disability. As the employee is covered under a WC Insurance Policy, inform the Insurance company to pay him compensation. That's the solution to the first part of the issue. If he is willing to continue his employment with some other alternative work suited to his physical condition as suggested by the doctor, you can allow him to do so. If not, you can terminate his services on the ground of medical invalidation.

From India, Salem

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