Employee Accident Without ESI: Can We Reimburse Her Salary During Medical Leave?

Hi,

I require your help. One of our employees met with an accident on her way to the office. She is not covered under ESI and has been on medical leave for almost 2 months. Is there any policy in worker compensation that would allow us to reimburse her salary?

Regards,
Nidhi Mishra

Compensation for Employees Not Covered Under ESI Act

Since she is not covered under the ESI Act, the employer will have to provide compensation as per the Employees' Compensation Act. This includes reimbursement of medical expenses incurred by her and payment of disablement benefits as per the Act.

Benefits of Permanent Disablement and Death

Benefits payable for permanent disablement and death are based on wages and age factors. The younger the employee, the higher the benefits will be. In the case of death, the compensation will be 50% of wages multiplied by the age factor, subject to a minimum of Rs 120,000. For permanent disablement, it is 60% of wages multiplied by the age factor, subject to a minimum of Rs 140,000. The maximum wages for these purposes shall be Rs 8,000.

If there is no permanent disablement, then the benefit will be 25% of wages for every 14 days. You can also limit the wages to Rs 8,000.

Please find the attachment pertaining to total permanent disablement and death.

Regards, Madhu.T.K

Nidhi, your question is unclear. Are you asking about your liability under the Workmen's Compensation Act? Or are you asking if there is an insurance policy under which this can be covered and recovered? If you take out a policy now, it will definitely not cover a previous accident. If you have an existing policy, how can we know what it covers? You will know if you read the act.