Legal Advice For A Mishappening At Site

I don't know who is your employer exercising this kind of high handedness in settling a legitimate claim arising our of an accident to an employee while on duty. Workman's Compensation Act covers all the employees who are out of the purview of ESIC and you seem to be falling in this category. Well, stubborn as you employer appears to be, you have to initiate legal action to claim the compensation which will include the expenses for medical treatment, loss of wages and benefit for disability, if any. Please avail of the services of a 'good' lawyer.
Lalit Thakkar

I agree with the views of Mr. Lalit Takkar.

If you are drawing lessthan rs.15000/- per month you will be covered under ESI Act under which it is mandatory for your employer to send an accident report within 24 hrs. From yopur narration that your employer did not bother about yopur injury. you may not be covered under ESI Act.

Therefore, Employee Compensation Act, 1923 applies to you and your employer is liable to pay compensation and incurr full medical expenses. For the temporary diablement period you are entitled for 50% of your salary as compensation. After your surgey, if looss of earning capcity has resulted, appropriate compensation is payble by your employer with the deduction of already paid 50% salary called half-monthly payment which is not p[aid in your case and therefore it is irrelavant. Please approach the Employee Compensation Commissioner of the area in which your site is located and file your claim along with your mmediacl bills and medical certificates. A designated officer of the Labour Department like, Dist Labour Officer or Asst Commissioner of Labour or Dy Commissioner will normally be designated as Employee Compensation Commisioner. Please meet in person the Employee Compensation Commisioner of the area and ask for help and he would guide you. Normally, some advocates practice Employee Compensation cases whose details may also be got from the Labour Department.

You will not be entiled to salary during the period of your temporary disableemnt under the said Act.

Dear Vineet
there are provisions to
-Lodge a criminal complaint upon officials who threatened you. (with help of a lawyer)
-File a suit for recovery of pending salary along with interest.
-On the same seek compensation for damages.

Mr Kalsi,
Please refer to the definition of Construction worker under BOCOW Act.I think the person suffered accident is not a construction worker.I have all sympathy for him .Let him get well soon.
Varghese Mathew
09961266966

Hai vinitji,
i hv gone through the situation in this juncture u better to approach labour commission for natural justice of law.

Dear Varghese
I appreciate your observation and you are right in pointing out the doubt.Since victim being a senior person,the mail may not hold good in his case. In that case he should approach the Commissionser,appointed under the Employee's Compensation Act. After the enlagement of the scope, such persons are covered under Schedule II of the Act. In this case,the employer is required to send an Accident report to the Commissioner of the Area.If an employer does not make a report, the injured person is within his right to approach and file an application before the Commissioner.
BS Kalsi
Member Since Aug 2011

Dear Vineet,
Approach your nearest Labour Commisioner. Discuss your issue and lodge a official complaint ,
also take the help of a resourceful lawyer. I am sure your issues will get resolved & your will get
your dues and compensation / medical expenses soon.
Take care,
Sourav Mukherjee

Dear Mathew
As Mr.AK Tiwari said, particularly EC Act missed many issues. Once it appears in court of law, natural justice only will be adjudicated.

Company has to pay you since the event occured while performing the official duties.

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