If an employee gets injured in the factory and loses his 4 fingers during an operation, will he be eligible to receive any compensation? If yes, then how much? The monthly salary is 9000 INR, and the relevant factor would be 216.91.
Please help.
From India, Collectorganj
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Please help.
From India, Collectorganj
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Dear Sir,
Yes, the workman will be eligible for compensation either in accordance with the provisions of the Employees' Compensation Act or in accordance with the provisions of the ESI Act, 1948 if he is an insured person covered under the ESI Act. The condition is the accident should occur out of and in the course of employment.
Regards,
R. B. Rao
Advocate
From India, Gurugram
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118Yes, the workman will be eligible for compensation either in accordance with the provisions of the Employees' Compensation Act or in accordance with the provisions of the ESI Act, 1948 if he is an insured person covered under the ESI Act. The condition is the accident should occur out of and in the course of employment.
Regards,
R. B. Rao
Advocate
From India, Gurugram
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The employee is very much entitled to compensation; however, the following points need to be considered before proceeding with compensation:
1. Was the loss of fingers due to an accident in the workplace or improper operational methods applied to the injured part?
2. Were the fingers on the right hand or left hand? What is the severity of the loss, and could it potentially lead to future unemployment? Can the employee earn without the fingers? Is it feasible to relocate the employee to another position within the same organization? Should compensation be provided by offering alternative work within the organization? All these employment circumstances should be reviewed before compensation is awarded.
3. If the employee is not deemed fit for employment, the compensation amount will be higher, and insurance details must be reviewed before compensation is granted.
4. The severity of the finger loss should be evaluated by a Medical Board, and their recommendations should be taken into consideration for compensation.
5. The provisions of the ESI Act or Employment Compensation Act should be taken into account before making a decision.
All these aspects should be thoroughly reviewed, and the employee should receive the corresponding benefits. However, regarding your question, personally, I believe that the employee could be assigned alternative work in the office and compensated. The loss of fingers may prevent the employee from performing their previous tasks involving machinery or labor-intensive activities. Providing lighter duties could help the employee lead a well-functioning life.
Best of Luck. Your concern for the employee showcases a great deal of compassion.
From India, Arcot
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1. Was the loss of fingers due to an accident in the workplace or improper operational methods applied to the injured part?
2. Were the fingers on the right hand or left hand? What is the severity of the loss, and could it potentially lead to future unemployment? Can the employee earn without the fingers? Is it feasible to relocate the employee to another position within the same organization? Should compensation be provided by offering alternative work within the organization? All these employment circumstances should be reviewed before compensation is awarded.
3. If the employee is not deemed fit for employment, the compensation amount will be higher, and insurance details must be reviewed before compensation is granted.
4. The severity of the finger loss should be evaluated by a Medical Board, and their recommendations should be taken into consideration for compensation.
5. The provisions of the ESI Act or Employment Compensation Act should be taken into account before making a decision.
All these aspects should be thoroughly reviewed, and the employee should receive the corresponding benefits. However, regarding your question, personally, I believe that the employee could be assigned alternative work in the office and compensated. The loss of fingers may prevent the employee from performing their previous tasks involving machinery or labor-intensive activities. Providing lighter duties could help the employee lead a well-functioning life.
Best of Luck. Your concern for the employee showcases a great deal of compassion.
From India, Arcot
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Dear NIM_HR,
The query you raised really shows your concern about employee benefits. Although Mr. Gopinath has described the most valuable points for the compensation, the employee will definitely receive the benefit (lump sum, monthly pension, or both). I have dealt with a similar case, but the employee was covered under ESI.
The road accident took place while the employee was on field duty. He also had some finger loss and a small disability in his legs. We presented the case with the Accident Report to the ESI local office, along with the FIR, individual's documents, etc. There is a Medical Board in ESI that decides the nature and percentage of the disability, and accordingly, the benefits are decided.
Please share your outcome on the matter. How and what amount of benefits does the employee receive? This will help other members enhance their practical knowledge.
Also, share in detail the procedures, documentation, dealings with authorities, etc., so that we can take care of important points for our reference.
Since most members of this forum are related to the same nature of work, your experience will really help a lot of other members.
Regards,
Pan Singh Dangwal
[Phone Number Removed For Privacy Reasons]
From India, Delhi
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The query you raised really shows your concern about employee benefits. Although Mr. Gopinath has described the most valuable points for the compensation, the employee will definitely receive the benefit (lump sum, monthly pension, or both). I have dealt with a similar case, but the employee was covered under ESI.
The road accident took place while the employee was on field duty. He also had some finger loss and a small disability in his legs. We presented the case with the Accident Report to the ESI local office, along with the FIR, individual's documents, etc. There is a Medical Board in ESI that decides the nature and percentage of the disability, and accordingly, the benefits are decided.
Please share your outcome on the matter. How and what amount of benefits does the employee receive? This will help other members enhance their practical knowledge.
Also, share in detail the procedures, documentation, dealings with authorities, etc., so that we can take care of important points for our reference.
Since most members of this forum are related to the same nature of work, your experience will really help a lot of other members.
Regards,
Pan Singh Dangwal
[Phone Number Removed For Privacy Reasons]
From India, Delhi
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Employee Benefits.doc