Can I Claim Compensation for Lost Pay After an Accident Near the Factory Gate?

I met an accident where I was hit by a motorcyclist coming at a very high speed while taking a turn to enter the factory gate. It happened at a distance of 15-20 meters from the gate. I was picked up and sent to the plant dispensary by the plant security and other personnel. I was diagnosed with a fracture in my ankle and recommended a minimum bed rest of 1 month.

Now, the factory HR and safety department say that as the accident happened outside the plant gate, I am not eligible for compensation for the days lost during the treatment. However, through ESI, my medical bills may be compensated.

Query on Compensation for Loss of Pay

My query is whether I can claim for the loss of pay for the duration I am on the bed for treatment and if claimable, then what is the percentage I can claim. Can I claim my full-day pay for the days I am on the bed healing the fracture?

The Workmen's Compensation Act clearly states to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.

Tests for Determining Employment-Related Accidents

The three tests for determining whether an accident arose out of employment are:

1. At the time of injury, the workman must have been engaged in the business of the employer and must not be doing something for his personal benefit.
2. The accident occurred at the place where he was performing his duties.
3. The injury must have resulted from some risk incidental to the duties of the service or inherent in the nature condition of employment.

What I want to say with the above statements is that your accident has ARISEN OUT OF EMPLOYMENT; therefore, you should get the benefit under the "Workmen Compensation Act - 1923" (if it was not a purposeful accident). Your accident, as per your saying, seems to lie under "temporary partial disablement." Although, I am not sure what percentage you can claim.

I would suggest you get appropriate suggestions from a senior person who deals with labor laws. Hope you recover soon!

Regards

Here you have to consider two things:

1. **ESI** - Your factory is covered by the ESIC, and the treatment part will be taken care of by the ESI. (For the insurance part, I request our learned members to reply.)

2. **Workmen's Compensation Act** - It is not applicable in your case as you are covered by the ESI.

For the insurance part, your factory is liable because you got injured while on the way to work (as you mentioned). You can discuss this with your HR department for clarification.

The motorcyclist will have insurance coverage for his motorcycle, and if you file a case in MACT, you can get compensation for this temporary partial disability. I hope you have filed the FIR at the nearest police station about the accident so that the motorcyclist can be sued, and you will get the insurance compensation.

Mr. Bhaskar is right. I am sorry, I did not read about the ESI mentioned. Therefore, the Workmen Compensation Act is not applicable in this case. Sorry again.

Normally, either one is only applicable. Today you learned it. That's all. No need to feel sorry. Our life itself is a classroom, and we are learning daily. Even I do not know about the ESI compensation part. Shall we expect our learned members to guide us about the compensation being paid by the ESIC?

If you are covered under ESI, then the accident that took place will be covered under notional extension, and your loss of pay will be reimbursed to you at the full rate by ESI. Please contact the ESI dispensary at the earliest.

Wishing you good health soon.

Thanks.

Thank you for your timely guidance to Jahanzeb. Is he required to submit anything like an FIR, accident report, or any treatment details taken from the ESI Hospital? Whom should he contact? Please provide complete details to our friend.

Regards,

Yes, you can get the benefit under the "Workmen's Compensation Act of 1923." The accident has occurred near the factory premises as per the Industrial Disputes Act of 1947. For further details, you can contact an advocate who specializes in handling labor cases.

Thank you.

Regards,
Kannan Thevar. S

As per my knowledge, if you are covered under ESIC and you receive treatment through ESIC.in, you will be compensated by ESIC after submitting the required information. You will receive 70% of your wages from ESIC, so there is no need to worry. Just complete the formalities of ESIC.

Dear Seniors, I discussed the case with the company HR personnel, and they say that we are no longer covered under ESI; rather, we are now covered under Group Health Insurance. Please suggest the next course of action.

Regards, Jahanzeb