Can I Claim Salary for Leave After a Work-Related Accident? Seeking Legal Guidance

I was working in an organization where my role required traveling from one store to another. While traveling, I met with an accident, which resulted in back pain and necessitated taking 20 days of leave. I left the company two months after the incident. The company credited 30 leave days after my confirmation. During the full and final settlement, the company deducted 16 days' salary, stating that the leaves were for the entire year and needed to be used on a prorated basis. I argued that I should receive a salary for those days since the accident occurred during official duty. However, they refused, stating there was no policy for accident leaves. Can I legally ask for a salary for those days, or is there another way to seek compensation? Kindly guide.

Details about your organization

Give some more details about your organization. How big is your organization? Is it a factory or a trade? Were you covered under ESI? If so, how did you manage medical expenses post-accident? How many years of service did you have with them? You mentioned you were "confirmed." Does that mean you were on probation during that period?

Accident details and supporting documents

It appears the accident took place while you were traveling on duty, and therefore it occurred in the course of employment. What type of documents do you have to support your claims, such as leave (MC), Police FIR, photos taken at the site of the accident, reports to the appropriate Labor Department? Any disability? If so, do you have an appropriate certificate from the Civil Surgeon, insurance claim made and settled, if any, and/or ESI claim?

Next steps

First, raise a money claim for all your dues and account for the days while you were in convalescence/sick/medical leave. After you state these details, I may suggest the next course of action in your case.

It's future retail limited which owns big bazaar and easy day. Yes that accident during travel from one store to other store. I was covered under medical insurance and I paid treatment expenses on my own. My confirmation was pending in system due to delay from my boss. There is no photograph or FIR of that incident. I had shared the medical certificate provided by doctor to the company.

Entitlement to Leave and Compensation for Work-Related Accidents

So, it's a company, and hence you should have been covered under ESI. If yes, have you not checked into the ESI dispensary/hospital? If yes, there should be no problem for your leave for the days permitted by the ESI hospital. I am afraid you might not have done this.

Since your accident has occurred 'in the course of employment,' you are entitled to special leave with full pay and hospitalization expenses, plus compensation if you suffered any partial/permanent disablement. However, under the Workmen's Compensation Act (now Employees Compensation Act), you are entitled to special leave as well as compensation appropriate to the injury you suffered. The stand taken by your office saying 'we have no leave policy on accident' is no excuse and untenable. Also, read the following links in this regard.

The employer is liable to bear the medical expenses and allow you leave with pay without deducting it from the leave to your credit.

Regards, Madhu.T.K

16th April 2013

From India, Kannur

Madhu.T.K

[Madhu.T.K](http://www.madhu-t-k.blogspot.com)

[Indigo Paints - Be Surprised!](http://indigopaints.com)

[Accident while coming on duty](https://www.citehr.com/404608-accident-while-coming-duty-doc-download.html)

You have to issue a suitable letter demanding repayment of the wrongfully recovered 16 days' salary, which is the equivalent of leave pay for 16 days that you utilized following the accident "during and in the course of employment," i.e., when you were traveling from one store to another. If they do not respond positively, arrange for the issuance of a legal notice and then file a petition with the Labor Officer of that area to intervene and raise your case for redressal.

Thanks, can you help with the following query as well.

I worked in an organization where I had some disputes with the company. They asked me to resign, and after discussion, they requested me to resign on the 19th of June. The company agreed to pay me my salary until the 31st of August. They provided me with an acceptance letter on the company letterhead, stating that my resignation had been accepted, and they were relieving me immediately. Kindly suggest, if they accepted my resignation and relieved me immediately, should I receive my payout after the handover or within 45 days from the last working day? When I went for the handover, they informed me that they would pay my salary on a monthly basis, and the full and final settlement would be processed after 45 days from the 31st of August.

I requested them to provide an acceptance of resignation stating my last working day as the 31st of August. However, they refused to provide acceptance, even via email. According to the law, can I insist on receiving an email confirmation? Now, they are stating that the final experience/relieving letter will mention the 31st of August as the last day. If I present this to my new employer, based on the initial acceptance where my last working day was the 19th of June, or the experience/relieving letter where the last day is the 31st of August, can I ask for an accepted resignation mentioning the 31st of August as my last working day? The HR informed me that the relieving date and the last working day can be different. Is this correct? Kindly guide.