Employee compensation - company is not registered under ESI but the company is providing the medical treatment

Hi Seniors,

One of our employees was injured during the course of employment. The employee is not able to perform his duty; however, our company is not registered under ESI. The company is providing medical treatment to the employee, not his salary as he is unable to perform his duty.

Please clarify whether the employee is entitled to get his full salary even if he is unable to work, or for compensation. If compensation, how much? The employee's salary is 7000 PM only, based on salary, not any other component.

Please provide more details such as the type of establishment, the capacity of employment, or the designation of the post held by the injured employee, their age, and whether ESI is applicable to the establishment.

Sir,

Many thanks for your valuable input. This is a proprietary firm registered under the Factory Act. We have a total of 8 employees; therefore, we are not registered under ESI. The employees' average age is 24 years, and they are covered under workman's compensation.

Thank you.

I think without any second thoughts, if the employee is serving you, you should, in no case, stop his salary. That's the basic need of any person.

I agree with Sarika. You should not stop his salary.

Regards,
Sudeep

Sir,

I know salary is the basic need of every employee, but the employee is unable to perform his duty as he was injured during the course of employment. However, medical treatment is being provided to the employee, not salary. Please clarify whether the employee is entitled to get his salary. If yes, please provide any relevant section, clause, case law for the same.