Dear Sirs, One of our workers got severely injured while working in an underground mine due to his sheer negligence. He was rendered medical treatment. One of his limbs got impaired and he has become unfit to work in a mine. He has been given his monthly salary for three months, allowing him to stay home.
Now, how many months the company has to take care of him by paying his salary every month?
Is there any way out for settlement?
Regards
Khaleel saudagar
From India, Kadapa
1Now, how many months the company has to take care of him by paying his salary every month?
Is there any way out for settlement?
Regards
Khaleel saudagar
From India, Kadapa
If the accident has resulted in permanent disablement, let the Workmen Compensation Commission decide what should be the compensation payable. You should have informed the Commissioner under the Employees Compensation Act much earlier and decided the compensation etc payable. If he is covered under ESI, then the ESI Corporation will take care of his compensation etc.
The amount of compensation will depend upon the incapacity and the earnings lost. Of course, if the accident has happened due to his negligence, then the insurers will decline to accept any liability. But then it will become your responsibility to prove that he was acting without the instructions of the supervisors, he was not wearing personal protective devices (PPEs), he failed to obey the safety instructions of the supervisor etc. in such scenarios, we should help the workers.
Please contact the Commissioner at the earliest.
From India, Kannur
The amount of compensation will depend upon the incapacity and the earnings lost. Of course, if the accident has happened due to his negligence, then the insurers will decline to accept any liability. But then it will become your responsibility to prove that he was acting without the instructions of the supervisors, he was not wearing personal protective devices (PPEs), he failed to obey the safety instructions of the supervisor etc. in such scenarios, we should help the workers.
Please contact the Commissioner at the earliest.
From India, Kannur
Dear Friend,
The injured worker met with an accident while working in an underground mine and lost his limbs.
The matter of compensation for disability comes under the Employees Compensation Act. The authority under Employees Compensation Act would decide, whether the workman is eligible for any compensation or not.
Since it is an accident, thus there must be a case lodged in DGMS for the accident. The decision and report of the DGMS officials investigating the case are vital to decide for compensation or alternative to the employment.
As the workman has already lost one of his limbs definitely makes the person unfit for work in a mine. In such cases you need to see what other work can be fit for the person either in office or above the mine (may or may not match to his caliber).
As protective measure call the person and ask him to resign as has been lost capacity to work due to his handicappedness owing to his own fault. However, prior to the discussion management need to talk with the union, DGMS official and LEO to know their views on the matter. But do not pay any monthly salary without attendance by asking him to stay at home. There are instances in many cases management has settled by paying lump sum amount considering the gravity of the case.
From India, Mumbai
The injured worker met with an accident while working in an underground mine and lost his limbs.
The matter of compensation for disability comes under the Employees Compensation Act. The authority under Employees Compensation Act would decide, whether the workman is eligible for any compensation or not.
Since it is an accident, thus there must be a case lodged in DGMS for the accident. The decision and report of the DGMS officials investigating the case are vital to decide for compensation or alternative to the employment.
As the workman has already lost one of his limbs definitely makes the person unfit for work in a mine. In such cases you need to see what other work can be fit for the person either in office or above the mine (may or may not match to his caliber).
As protective measure call the person and ask him to resign as has been lost capacity to work due to his handicappedness owing to his own fault. However, prior to the discussion management need to talk with the union, DGMS official and LEO to know their views on the matter. But do not pay any monthly salary without attendance by asking him to stay at home. There are instances in many cases management has settled by paying lump sum amount considering the gravity of the case.
From India, Mumbai
Apart from the statutory measures which the injured employee has to undergo and compensation payable under the act, his rehabilitation should engage your attention. It may be necessary to find ways & means to identify any suitable alternate work on the surface so that he may continue in your mines to earn a decent regular income. A office bearer of the workers' union has to be identified to coordinate the process to rule out any one sided decision from the management angle which may jeopardize employee's interest. The domestic inquiry if already ordered might play a major role in shaping the future development...
From India, Bangalore
From India, Bangalore
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