One of my colleagues met with an accident while returning home from work (fell down from the company bus). He fractured ligaments and had to take leave for almost 4 months. The company had medical insurance which covered the medical expenses. I want to know if the person is eligible for monetary as well as leave compensation as he was under loss of pay and had to avail all his leaves as per the Indian labor law. This is a MNC, and the HR policy does not cover these. Moreover, the HR is also a foreigner and is not aware of any such laws.
Please provide the correct information so that as a Manager, I can forward his case to the HR and help him.
Thanks,
Pradeep
From India, Kochi
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Please provide the correct information so that as a Manager, I can forward his case to the HR and help him.
Thanks,
Pradeep
From India, Kochi
Acknowledge(0)Amend(0)
Compensation for Work-Related Accidents
Since your colleague has met with an accident while traveling in the company bus returning home after work, such an accident shall be treated as an accident arising out of and in the course of his employment. Your employer is liable to pay compensation in accordance with the provisions of the Employees' Compensation Act, 1923. Your employer is liable to meet your medical expenses without any limit. The liability of payment of compensation is shifted from the employer to the Employees State Insurance Corporation if the employee is an insured person and covered under the ESI scheme.
Calculation of Compensation
The amount of compensation payable by the employer shall be calculated as follows:
- **In case of death:** 50% of the monthly wages × Relevant Factor or Rs. 1,20,000/-, whichever is more, and Rs. 5,000 for funeral expenses.
- **In case of total permanent disablement specified under Schedule I:** 60% of the monthly wages × Relevant Factor or Rs. 1,40,000, whichever is more.
- **In case of partial permanent disablement specified under Schedule I:** Such a percentage of the compensation payable in case (b) above as is the percentage of the loss in earning capacity (specified in Schedule I).
- **In case of permanent partial disablement not specified under Schedule I:** Such a percentage of the compensation payable in case (b) above as is proportionate to the loss of earning capacity (as assessed by a qualified medical practitioner).
- **In case of temporary disablement (whether total or partial):** A half-monthly installment equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is shorter.
The provisions under the Employees' Compensation Act, 1923, are explained above.
Regards,
BS Kalsi
From India, Mumbai
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465Since your colleague has met with an accident while traveling in the company bus returning home after work, such an accident shall be treated as an accident arising out of and in the course of his employment. Your employer is liable to pay compensation in accordance with the provisions of the Employees' Compensation Act, 1923. Your employer is liable to meet your medical expenses without any limit. The liability of payment of compensation is shifted from the employer to the Employees State Insurance Corporation if the employee is an insured person and covered under the ESI scheme.
Calculation of Compensation
The amount of compensation payable by the employer shall be calculated as follows:
- **In case of death:** 50% of the monthly wages × Relevant Factor or Rs. 1,20,000/-, whichever is more, and Rs. 5,000 for funeral expenses.
- **In case of total permanent disablement specified under Schedule I:** 60% of the monthly wages × Relevant Factor or Rs. 1,40,000, whichever is more.
- **In case of partial permanent disablement specified under Schedule I:** Such a percentage of the compensation payable in case (b) above as is the percentage of the loss in earning capacity (specified in Schedule I).
- **In case of permanent partial disablement not specified under Schedule I:** Such a percentage of the compensation payable in case (b) above as is proportionate to the loss of earning capacity (as assessed by a qualified medical practitioner).
- **In case of temporary disablement (whether total or partial):** A half-monthly installment equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is shorter.
The provisions under the Employees' Compensation Act, 1923, are explained above.
Regards,
BS Kalsi
From India, Mumbai
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EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
Employees' Compensation Act 1923.doc