Occupational Accident Leave

Dear All,
If a employee is injured in the company resulting in Temporary disablement for 10 days. The employee is not covered under ESI because the area is not under ESI. During the days of his absence how to treat the 10 days as sick leave or give him full salary or give him 25% of salary as given in the Workmen compensation Act. The 10 days is deducted from his Eligible sick leave or not. Please advise me with relevant proofs.
Thanks in anticipation
B.vijayasarathy.

Dear Vijayasarathy,
concerned employee is eligible for 25% of the manthly wages during the period of disablement according to Employees Compensation Act.
But my suggesation is on compassionate ground organization should pay him full salary without adjusting any leave.
Organizations are free to give better benefits than what is provided in different labour acts.

First you find the route cause of the accident
1. Whether it was happened man made mistake or Not
2. In this incident what is the role of the injured
if it was happened either the management or other's mistake , he can be eligible for full wages,
When the accident happened without his mistake why he can loose his salary/wages
V K Rao

Dear Friend
Give Special leave for that period and give full salary since the accident took place in the course of employment.
regards
alphonse

Dear Vijay
As I have understood the provisions of Employees Compensation Act, worker is entitled for complete treatment. As for wages if the absence is for 3 days or less, no amount need to be paid. If it extends for more days, 50% of wages has to be paid.

Hi Vijay,
The person is very much entitled for full salary if the incident happened while on work,Subject to proper investigations.
WC is applicable as a statutory benifits and will demand for complete investigation and it may take its own sweet time for settlement.
As a matter of fact it is always in the interest of the company that every employee is the asset for company and may be treated liberally in such cases.
Thanks
BIJAY MAJUMDAR

Dear All,
No one wants to get injured , it is not in the interest of the company to investigate whose fault is this? The investigation should be how to avoid re-occurence. In my opinion, the employee should be granted full salary without any deduction of leave from his account. I agree that every employee is asset for the company.

Dear All,
Thanks for your comments. I agree with you all, but i need clarification whether we have to treat his absence from duty as leave from duty with 25% salary or full salary not treating his absence from duty as leave. Pl provide me any rules which explains these things because i referred the books still iam not clear.
Thanks & Regards,
B.Vijayasarathy.
09976234110

Dear Mr. Vijay
Rule books are for refernce and to settle critical issues. In the case refered, it will better to compensate the employee with full wage wages for his treatment period granting him special paid leave along with the treatment cost in full.
reagrsd
R K SINGH
CHANDIGARH

Dear Mr.Vijay,
This is a normal case.Mark his absent days as Accident leave and just pay him as he was present at these days.This is not rule but may be a policy of the compant or decision of management.
If you goes by rule then there are 03 option
1-As the person is depriving to be present for more than 48 Hours this is a reporatble accident and you should comply with Factory Inspector Office.
2-If you have no accident policy covered you should pay E.C.as per the table and calculation.
if You did so then you neednot to mark the absent days as leave or else.
3-If you marked as Sick leave then you should ask employee to provide medical certifiate for that.
But keep in mind that this is a lengthy procedure.
Mangesh Wakodkar
Aurangabad