How Should We Handle Wage Claims for Injured Workers Without Leave Balance?

Injury Incident and Wage Claim

One of our workmen got injured inside the plant premises during working hours. He was treated in a private hospital by the company as ESIC was nearby during the incident, and later, he was on leave for 20 days. Though he was covered under ESIC, he didn't avail himself of any facility from there despite us asking him to get treated at ESIC to avail of benefits. Now he is claiming wages for those 20 days as he doesn't have any leave balance in his account. We informed him that since he is under ESIC, he should have approached ESIC for treatment and salary, but he is asking us to pay.

Consideration of Circumstances

What should we do in this circumstance?

Kindly consider two cases: (1) If he is a company workman & (2) if he is a contract workman.

You mentioned that he was treated in a private hospital even though ESIC is nearby. Can we know the reason behind it? Normally, if any incident happens within the premises, after First Aid, the employee is taken to the ESIC by the company personnel. That's why a question is raised.

Last but not least, since the employee has denied being treated at ESIC, he cannot claim wages legally. However, on humanitarian grounds, if the employer wishes to pay him, they can do so.

So, since there was no ESIC Dispensary nearby, you admitted the employee to a private hospital where he was supposed to be treated for 20 days. During that period, he was on leave (if I assumed correctly). So, where is the hiccup? He has to be compensated for the same.

Thank you.

He was taken to a private hospital and was discharged on the same day, and he was sent home. We suggested that for further treatment or checkup, he can visit ESI and advised him to apply for ESI leave. However, he didn't take any action; instead, he stayed at home for 20 days and has now returned to the office, claiming wages.

ESI was not far away, but on humanitarian grounds, we took him to the best private hospital for proper treatment and later recommended that he enroll with ESI. Now, the question is whether we should pay his 20 days' salary as he was covered under ESIC and was eligible to benefit from there. While the company can cover his 20 days' pay, this may set a precedent for future instances. All workers may come to expect the company to assume responsibility despite being covered under ESIC.

Thank you.

If he was discharged on the very same day and has taken leave of 20 days on his own, then the company is not liable to pay, as mentioned earlier in my post in the last paragraph.

Mr. Saji has rightly said, "If the workman is discharged after treatment without prescription of any leave, there is no need to pay for the leave period."

Query Regarding ESIC Leave and Reimbursement

I have some queries regarding a similar case. In my situation, our workman took leave and received treatment from ESIC. However, when we filed the ESIC challan, I mistakenly indicated 30 working days for him instead of 21 days. Now, when he applies for reimbursement, the ESIC officer claims that he was present for all 30 days. I kindly request your assistance in this matter. What should I do now?

Thanks & Regards,
Vaibhav Shinde.