Navigating Employer Responsibilities for a Worker in Coma: Legal and Ethical Questions

A workman who has been employed for the last 10 years fainted due to a brain hemorrhage while on duty and was taken to a nearby hospital. He has been in a coma for over six months. Please suggest under such circumstances:

Obligation of the employer regarding Accident Report

1.0 What is the obligation of the employer with respect to the Accident Report to the Factory Inspectorate, considering it was not an accident but occurred while the person was on duty?

Liability under the Employees' Compensation Act

2.0 What is the liability in terms of the Employees' Compensation Act? Will his disability be treated as 100%?

Termination due to continuous ill health

3.0 Can management terminate his services on the grounds of continuous ill health? What procedure should be followed?

Gratuity liability

4.0 If termination is possible, what is his gratuity liability?

Employer's legal liability for medical expenses

5.0 What is the legal liability of the employer to bear the medical expenses?

Kindly suggest. **Location**: Delhi, India

Obligation of the Employer
- In the given scenario, even though the workman's condition was not due to a typical accident, but rather a health issue while on duty, the employer is obligated to report this incident to the Factory Inspectorate as it occurred during work hours.

Liability under the Employees' Compensation Act
- According to the Employees' Compensation Act, the workman's situation would typically be considered a permanent total disability, and hence, he would likely be entitled to compensation equivalent to 100% of his wages.

Termination of Services
- Legally, terminating an employee due to continuous ill health is a sensitive matter. In this case, if the workman is still in a coma after six months, the management may consider medical opinions to assess the situation. However, stringent procedures must be followed, including seeking medical advice and providing appropriate notice before any termination.

Gratuity Liability
- If the workman's employment is terminated due to health reasons, he would be entitled to receive gratuity as per the Payment of Gratuity Act, which is calculated based on his years of service.

Legal Liability for Medical Expenses
- The employer is generally responsible for bearing the medical expenses of the employee in such critical situations, especially if the incident occurred during work hours. It is advisable to consult with legal experts or HR specialists to understand the specifics of the medical coverage and liabilities in this case.