Seeking Advice: How to Handle Lack of Financial Support After Industrial Accident?

My brother met with an industrial accident last month while operating a 100-ton sheet-cutting machine. He lost three of his right-hand fingers, which is 33% of his fingers. The management filed the online accident report, citing that some of the machine's spare parts dropped on his hand, resulting in the injury. However, the accident actually happened while operating the machine. Immediately, the management rushed him to Stanley Hospital, where they amputated the injured fingers.

The management took him to the nearest police station and took a statement the same day while he was on medication. I need advice on how to proceed further. Right now, he is on ESI leave. They have not given the accident report hard copy to ESI. The management told him to deal with the ESI, and they WhatsApp him for a speedy recovery. Financially, they have not helped him so far. Please advise on how to proceed further.

Regards, Dhandapani

Handling Industrial Accident Claims with ESIC

I don't know what was the need for taking him to the police station. The employer is expected to hand over the hard copies of the accident report filed online to the ESIC Branch Office and Medical Officer. Since the employer has not done it, you can approach the ESI Branch Office and inform the Manager that the report was filed online. The Manager will ask for the report along with other documents like the attendance register (to verify if the injured was present for work on the day of the accident), a statement by a witness to the accident, and the Accident book, and then proceed with it.

In instances like this, where there are differences in depositions about the accidents, there is a possibility of the claim being rejected. I don't understand why the employer filed a different reason for the injury, hiding the actual reason when it does not matter to him anyway.

Legally, in such matters, the employer need not provide any financial or other help because the employee is an ESI-covered person. It is the ESIC who should provide him better treatment, super-specialty treatment if required, calculate the loss of earning capacity, and decide how much pension (disablement pension) should be given to the IP. However, the employer can always follow up with the ESIC and ensure things are done in order.

Regards, Madhu.T.K

As per the Factories Act 1948,

Notices to Appropriate Authority:

i) Notices of accidents causing death or bodily injury. (Sec. 88)
ii) Notices of dangerous occurrences. (Sec. 88-A)
iii) Notices of specified diseases. (Sec. 89)

WBR 96:

Has notice of an accident or dangerous occurrence resulting in death or bodily injury, which is likely to cause death, been sent as per this rule?

Forms & Returns to be Maintained & Filed:

WBR 103 - Form No. 22 - Annual Return to the Inspector in duplicate
WBR 103 - Form No. 23 – Half-year Return to the Inspector
WBR 106 - Form No. 24 - Register of accidents and dangerous occurrences

As per the Employees' Compensation Act, 1923:

Please check whether reports of fatal accidents and serious bodily injuries as required by Sec. 10-B are made in Form EE in accordance with Rule 11 of the Workmen’s Compensation Rules, 1924. Whether the employer gives notice of an accident of serious bodily injury to the commissioner within 7 days of the accident.

As per the Employees’ State Insurance Act, 1948, Read with ESI (General) Regulations, 1950:

Whether an accident book in Form 15 is maintained? (Regulation 66)
Whether a report is being sent, in case of accidents, in Form 16, to the nearest Local Office and the nearest Medical Officer? (Regulation 68)
Whether complied with Regulation 69:

Every employer shall arrange for such first aid and medical care and transport for obtaining such aid and care as the circumstances of the accident may require until the injured person is seen by the Insurance Medical Officer. Such employer shall be entitled to reimbursement in respect of expenses thereby incurred by him but not exceeding such scale of expenses as may be specified by the Corporation from time to time.

Regards,
Dhandapani

Accident Report Submission and Employee Rights

The employer is required to submit an Accident Report to the appropriate Branch Office of ESIC within the stipulated time as laid down under Regulation 68 of ESI (General) Regulations, 1950. In case the employer has submitted any incorrect facts, the injured employee can inform the concerned office about the correct details. Even if the accident report filed by the employer states that "some of the machine spare parts dropped on his hand resulting in injury," there should be no problem in admitting the case as that of employment injury because the accident, as mentioned by the initiator of this thread, occurred out of and in the course of employment.

Correcting the Accident Report

If the injured employee wishes to correct the facts mentioned in the accident report submitted by the employer, he can submit a statement to the concerned Branch Office Manager along with confirmation by a witness.

Claiming Temporary and Permanent Disablement Benefits

To receive Temporary Disablement Benefit (TDB), the injured employee can contact the said Branch Office for payment of the benefit based on the medical certificates issued by the ESI Dispensary. After the injured person is declared fit, he can apply for a medical board. Based on the decision of the medical board, the injured person can be paid Permanent Disablement Benefit (PDB), commonly referred to as a pension, depending on any disability awarded by the medical board. The employer is not legally required to make any payment to the injured employee as laid down under sections 53 and 61 of the ESI Act, 1948.

Regards

Employer's Responsibility and ESIC Benefits

Employers have tried to support the employee. If the employer reports that the fingers were inserted into the machine, it would be the fault of the operator, who either did it willingly or was not fit to operate the machine at the time of the incident. The employer admitted that the incident occurred during working hours, which is sufficient for ESIC benefits.

Police Verification and Hospital Procedures

Regarding the police complaint (it is not a complaint but a police verification report), the employee was taken to Stanley Hospital, not the ESIC hospital or dispensary. In the case of any fatal injury, a police report is mandatory to document the incident. It is the hospital's duty to call the police first and then start treatment, but they have cooperated. It is mandatory for their records that police verification is completed in this specific fatal injury case.

I cannot comment right now on the accident report submitted and the incidents thereafter. However, I hope that the employer has done the best possible from their side, and if the accident report is submitted, then the employee has received the best possible treatment and benefits.

Regards,
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