How Should We Handle Medical Expenses for Apprentices After an Accident? Seeking Guidance

Dear All,

One of the apprentices has met with an accident while performing maintenance work. The apprentice has incurred medical expenses and submitted all bills to the management for reimbursement. However, the reimbursement was refused citing the reason that compensation is payable to the apprentice under the Apprentice Act, but there is no provision for the payment of medical expenses to the apprentice.

Please suggest references or cases that could provide guidance on this matter.

In respect of apprentices, though the ESI Act is not applicable, the Workmen Compensation Act is applicable. Therefore, the employer is liable to reimburse all medical expenses incurred by the apprentice and to pay for the days he remained on leave. Please refer to section 16 of the Apprentice Act for details.

In the Apprentice Act, only provisions for compensation to apprentices and reimbursement of medical expenses are silent. However, in the Workmen's Compensation Act, subsection (2A) of section 4 includes a provision for reimbursement. Consequently, management is taking advantage of the provisions in the Apprentice Act and refusing to reimburse medical bills for apprentices.

Please share any citations regarding the reimbursement of medical bills for apprentices.

Compensation and Reimbursement Under the Apprentice Act

If you read Section 16 of the Apprentice Act, you will find that the employer is liable to pay compensation to the apprentice in accordance with the provisions of the Workmen's Compensation Act. The Workmen/Employees Compensation Act provides for how much compensation should be payable in the case of temporary disablement, permanent disablement, or death during the course of employment.

Reimbursement of Expenses

Section 4 provides for the reimbursement of actual expenses incurred by the employee by the employer. This section also states that the employer should not adjust the expenses incurred by him for the treatment of the employee from the amount of compensation payable to the latter. Hope this is convincing for you.

Then whose employee is he? It is true that he is not an employee, but since an apprentice is engaged by you, you are liable to compensate for the losses incurred by him on account of accidents during the course of employment. At that time, you cannot say that he is not your employee. If he is not your employee, why did he come to your factory? Why did he do the maintenance work?