radhika-hr1
Hi, Employee met with an accident n permanent disability bcoz of the employer....monthly salary is 70k...what are the benefits he get from the company...
From India
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Saswatabanerjee
Partner - Risk Management
Nanu1953
Ceo-usd Hr Solutions
KK!HR
Management Consultancy

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saswatabanerjee
2356

Assuming he is not removed from the job because of this, he will get compensation under Employee's Compensation Act. You need to read the act and the schedule and work out what is applicable.

If he is removed from his job, then in addition to the above, he will get gratuity (if more than 5 years)

From India, Mumbai
radhika-hr1
Hi sir,

Thank you for ur valuable information...

He is still in job...he lost his one eye vision...major skull surgery n spine surgery with implants...spine will get recover only 80 percent...little bend will be der life long..

Pls guide me...how much can we ask for compensation..

Regards
Radhika

From India
KK!HR
1370

From the description, it appears the employee will not be able to lead a normal life and is incapacitated to do the work he did before the accident, so will be entitled to compensation for total disablement. The compensation payable on Permanent Total Disablement from the injury, is a minimum of Rs.140000 or 60% of the monthly wages of the injured workman multiplied by the relevant factor as per the completed years of age whichever is more.
From India, Mumbai
saswatabanerjee
2356

You need to approach commissioner of labour in your area and take his help
His team will help you decide the amount of compensation due and will also be able to send the application on your behalf to the company.

In addition to compensation under Employee Compensation Act, you are eligible for unlimited medical expenses till the time he recovers (to the extend possible)

From India, Mumbai
radhika-hr1
Employee is 40 yrs old...past 8.6 yrs he is working with the same company.. employee is very healthy n no remarks at work before accident..our family is suffering like anything physical ly n mentally
From India
nanu1953
288

It is works injury. If the employee is covered under ESI, he should get compensation under ESI. It may be so that the organization is not covered under ESI. If there is no insurance under EC Act, then it is the responsibility of the employer to pay compensation.

The employee has to move EC Court for claiming compensation. Every State in specific location there are EC Courts. Advocates are available on contract basis to fight the case when after receiving compensation the advocate will take certain % of compensation as fees.

Please act as mentioned above to get relief.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi

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