Is an Injured Worker Entitled to Full Wages During Extended Medical Leave?

Hi, I am SeethaRam, working as a Sr. Executive (HR) in a power plant construction company. Recently, an accident occurred in which an unskilled worker lost his right-hand fingers. The company is covering all the expenses for his treatment, T.A., and D.A. I need clarification as the doctor advised that he should take complete bed rest for about 3 to 4 months. During this period, is he eligible for full wages for all days of his medical treatment?

Is he covered under ESI? If not, it's better to pay him through the company to avoid any future complications.

He was not covered under ESI, and if the bed rest was intentionally extended by the worker, then he will also demand the payment.

This is dependent on your company if they are contributing to your country's employee health program (provided your country has one). The company deducts from the employee's compensation the corresponding amount and remits it to the health program so the employee can enjoy whatever benefits they can earn during this time. Otherwise, the company has to shoulder all expenses for hospitalization, medicines, and even daily wages to avoid legal complications, especially if the accident or injury occurred while on duty. In the case of the doctor's advice to let the injured employee rest for 3 to 4 months, it seems long to me. However, it is the doctor's discretion based on the extent of the injury.

I hope this helps.

Regards,
NBAton
Taiyo Nippon Sanso Phils.

Since the accident is an employment accident, it is our duty to bear the cost of medical expenses and also to pay the salary until he resumes duty. Here, the advice of the FMO or a qualified doctor's certificate is a must in connection with fitness for duty.

Until he rejoins duty, we have to pay the wages in full. Also, your company is not covered under ESIC. Do you have any other personal accident policy or WC policy? If you have those, that will be sufficient.

Regards,
Palaniswamy Ram

In case of injury arising out of and during the course of employment, the victim is entitled to full wages for the entire period of illness/rest as advised by the Medical Practitioner if the injury lasts beyond 48 hours of the waiting period. This period of such absence will be treated as Special Leave, which shall not be debited from any leave due to the credit of the employee concerned.

The amount spent on treatment is not recoverable from the Employee Compensation amount, if any, payable.

To maintain industrial relations and harmony, it is desirable that the victim employee is taken care of and not put at a loss due to injury during the course of and arising out of employment. Sometimes, if things are not handled carefully, it may lead to industrial unrest, thereby resulting in a loss to the Company in more than one way.

So, please advise the higher management accordingly if such a practice is not being followed in yours. I am sure the higher management will appreciate your concern and allow you to proceed.

Best wishes.

Regards,
AK Jain
HR Personnel
NCL, CIL

Dear Hranuppur,

Greetings.

1. Employee's Total Service

What is the total service the employee has put in your company?

2. Existing Sick Leave Rules

What are the existing rules of your company regarding the grant of sick leave to employees?

3. Statutory Requirements for Compensation During Duty

Regarding statutory requirements for compensation during duty, the following are to be done by employers:

- Bear all the medical expenses for such treatment.
- Grant sick leave until his recovery from illness based on the Doctor's Medical Certificate and insist on a fitness certificate when he rejoins duty.
- Pay a minimum of 40% of his salary as carry-home salary during the leave period and make the balance payment after he rejoins duty fit for duty.
- Please obtain a certificate from the doctor regarding his percentage of physical disability and his fitness to perform the same job. If he is unable to perform the previous job due to physical disability, you must provide him with an alternate job based on his fitness and allow him to work, making the balance due salary.

In case he claims any compensation, you can defend your case if you provide all the benefits mentioned above, and the Labour Court will not grant any compensation to him.

Make this known to all employees, and they will appreciate the gesture of the management and support you in times of need.

If you require any further assistance, please email or contact [Phone Number Removed For Privacy Reasons].

Regards,
Ramanathan, Advocate

It is good that your company is prepared to take care of the worker in all respects. However, for compensation on account of the loss of the right finger, you may go through the Workmen Compensation Act, which may be more helpful.

Regards,
Eswararao Ivaturi.

I am working in the food retail sector. I met an accident while on the job. Now, my company is providing medical leave as follows:

1. They will consume all my leaves.
2. In the second month, the company will pay.
3. In the third month, 60% of the salary will be paid.

Question on Medical Leave Policy

Is it right to use up all my earned leave for medical leave? I am earning more than 15,000. Please suggest. Companies can have different rules for medical/accidental cases in India.

Regards,
Rohit