How Should We Handle Compensation Claims for COVID-19 Infections at Work?

Hi all, there is a discussion going on in our HQ regarding compensation if, in case, some employee gets infected with COVID-19 in the course of coming to the office, working on the premises, and returning home.

Compensation for COVID-19 Infection

While we do follow strict sanitation processes in the office/plant premises, what should be the protocol if an employee claims that the infection occurred due to being at the office and exposed to the outside environment? It is challenging for them to prove this definitively, considering it could happen anywhere. How should we address this situation without legal implications if it arises?

Average Compensation for Quarantined Employees

By the way, what is the general average compensation to be provided on humanitarian grounds to infected employees who are home-quarantined? #TiA

Thank you for the update, sir. By the way, is COVID-19 covered under ESI? Apart from ESI, is there any need for an employer to pay for the patient's expenses?

COVID-19 and Employer Liability

COVID-19 is a pandemic and, therefore, in my view, it cannot be considered as "arising out of employment." Consequently, the employer is not liable to pay compensation under the EC Act. However, if you succeed in establishing that the infection is due to negligence by the employer or not following SOPs by the employer, you may get your claim passed.

Entitlement Under ESI

Under ESI, you are entitled to sickness benefits. Please find attached herewith a circular dated 11.06.2020 by ESIC on Prompt Medical Service to ESI Beneficiaries during the COVID pandemic.