Employee Foot Sprain on Duty: What Benefits Should We Consider Offering?

Please share your opinion on the following HR query. One of our employees recently met with an accident and suffered a foot sprain while on duty. In this event, he expects certain benefits. However, our management has decided to give him paid leave for his absence dates and nothing more than that.

My Query:

1) Is the employee eligible for any benefits due to a foot sprain?
2) If yes, what other benefits can be provided to him?

Thank you.

If the employee is partially or totally disabled, then only are they eligible for compensation. For a sprain, they are eligible for reimbursement of medical expenses and leave with pay for those days the doctor has advised.

Regards,
Kamesh

First of all, you should ask your employee to visit ESIC and get treatment from a doctor. Based on the doctor's decision, we can determine whether the foot is sprained, fractured, or something else. Without consulting an ESIC doctor, how can we help him?

ESIC Benefits for Employees

In ESIC, he is only eligible to receive his salary under the sickness benefit and not more than that. The sickness benefit also varies depending on the reason. For accident situations, you can claim a 90% benefit, whereas for other sicknesses, only a 50-60% benefit can be claimed. Currently, this case falls under the 50% benefit category.

Regards,
Vinay Kumar.

Thank you for your reply, but the employee who met with the accident does not fall under ESIC. He is one of the senior supervisors. Therefore, what do we do in that case?

Coverage Under Employees' Compensation Act 1923

Since he is not covered under the ESI Scheme, he would be covered under the Employees' Compensation Act 1923, provided the employee—Sr. Supervisor—comes under Schedule 2 of the Act. As the injured has only sprained himself, the liability is only for payment of half-monthly compensation if his period of disability exceeds 3 days. You are already paying him full wages; there is nothing more to be done, but he is deemed to be on duty for the disability period.

Regards,
KK Nair

One is considering the compensation/monetary support you can provide to the injured person, which is also necessary. But don't get lost in only "what do we have to give him?" A lot of times, the care and emotional support you provide when someone is going through an injury—however small it may be, there is always a shock after an accident—allowing him to take his "earned" leave is normal. Are you willing to give him longer leave (even if it is without pay) if he needs it? How else are you supporting him—don't treat him like a liability. That itself will go a long way. Support in difficult times is what creates bonding in the minds of people.

If the employee is not covered under ESIC, then how can you help him? There is no way of helping him. Just ask him to take rest, and the days during which he was absent should be treated as present. When your area is covered under ESIC, there is no point in Workmen's Compensation.

Regards,
Vinay Kumar.

What about the mediclaim and other health insurance? If we can, we need to explore those possibilities and try to help him out.

If there is any Medclaim policy covered, then the employee should immediately be sent to the hospital, and treatment should be availed as per coverage. I hope treatment charges, bed charges (if admitted), and doctor fees excluding medicines can be availed by the person.

Regards,
Vinay Kumar.

I met with a major accident due to a mechanical blast in a machine installed in a laboratory. I am now surviving with a rod in my leg. The company has not provided any support after my hospital discharge. Please suggest what might be the best course of action.