Benefits Of Worken Compensation Act 1923

Query on Compensation for Temporary Disability

I am working in a Pharma company in HR. My query is that one of our Medical Representatives in the field was attacked by a brain stroke while traveling during duty hours on the train. Due to this, he suffered a temporary disability and has been on leave for one year. Now, the company wants to compensate him under the Workmen's Compensation Act of 1923. The issue is that the disability arising from a brain stroke is not mentioned in the act.

Therefore, we need guidance on which parameters or diseases he must be treated for to qualify for compensation and what the wage ceiling for calculation would be. Please help me with this matter. I need suggestions and guidance.

With regards,
Mann Bhatt

Wage Ceiling for Calculation Under the Employee Compensation Act

The wage ceiling for calculation under the Employee Compensation Act is Rs. 8000. In other words, an employee drawing a salary of Rs. 25000 per month will receive benefits based on Rs. 8000.

If the person is not going to return to employment due to a stroke and you want to treat this as an employment injury, then the benefit should be 100%. You must calculate the disability as 100%, even if the disability is not mentioned in the list. The logic is simple: the person has lost their earning capacity due to the stroke, and hence you do not want to engage them further. The calculation must be based on a 100% loss of earning capacity.

Thank you, T. Sivasankaran, for the information. However, I am confused by this line: "if you want to treat this as an employment injury." Can it be at the discretion of the company? He was returning after working outside of his headquarters. Please, I need more clarification on this subject.

With regards,
Mann Bhatt

As stated by you, the wage ceiling for calculation under the Employee Compensation Act is Rs 8000. In other words, an employee drawing a salary of Rs 25000 per month will get benefits based on Rs 8000.

My query is, if the employee is drawing a salary less than Rs 8000, then which ceiling calculation should be considered - 8000 or < Rs 8000?

Kindly revert with your valuable inputs.

If the injury is temporary total, he has to produce a certificate from a Medical Practitioner regarding his extended leave. According to the provisions of Workers' Compensation (WC) or Employee Compensation (EC), the company can compensate him with a salary at 25% of his last drawn salary for every 15 days. After the completion of 15 days of temporary total disability, compensation becomes payable on the 16th day and onwards.

This is for your information and necessary action.

Regards,
Manish S. Joshi

Respected All,

I am working in a Pharma company in HR. My query is that one of our Medical Representatives in the field was attacked by a brain stroke while traveling during duty hours on the train. Due to this, he suffered temporary disability and has been on leave for one year. Now, the company wants to compensate him under the Workmen's Compensation Act, 1923. However, the issue is that disability arising from a brain stroke is not mentioned in the act. I need guidance on which parameters or diseases he needs to be treated for the compensation and what the wage ceiling for calculation should be.

Please assist me with this matter.

With regards,
Mann Bhatt

Attribution: https://www.citehr.com/489414-benefi...#ixzz2xzJdwyNv

In addition to my previous thread, I want to know under what provisions we can terminate the services of an employee due to a long illness and what will be the liability of the employer for the final settlement?

Regards,
Mann Bhatt

As you have claimed that one of your medical representatives in the field was attacked by a brain stroke while traveling during duty hours on the train and has suffered temporary disability, I do not understand how you have termed the disease as a temporary disability. First of all, you need to prove that the brain stroke has any relevance to the duties he was performing because Section 3(4) of the Employee's Compensation Act, 1923 clearly states that no compensation shall be payable to an employee in respect of any disease which is not directly attributable to a specific injury by the accident arising out of and in the course of his employment except for occupational diseases explained in Sub-sections (2), (2A), and 3 of Section 3 of the Act.

Compensation Under the Workmen's Compensation Act, 1923

As for your query that the company wants to compensate him under the Workmen's Compensation Act, 1923, the issue is that disability arising from a brain stroke is not mentioned anywhere in the Act. Section 4 (1) (c) (ii) clearly provides that in the case of an injury specified in Schedule I, such a percentage of the compensation payable in the case of permanent total disablement is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury. Thus, the qualified medical practitioner will decide the quantum of the loss of earning capacity and whether the disease will cause temporary or permanent disablement to the beneficiary.

Regarding your query about the wage ceiling for calculation, the members have already explained.

Regards,
BS Kalsi

At first, it should be confirmed whether the medical representative is an 'employee' under Schedule 11 of the Employee Compensation Act.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

As the employee became ill while on duty hours, it seems there is a causal connection between his job and illness that warrants compensation from the employer. It is very clearly guided by the Apex court, under similar cases, to compensate the employee or his dependents under these circumstances. Though it isn't directly referred to through the "ORDERS" of ECA, the Apex court guideline determines compensation.