Dear seniors,
Please help.
Case: Company in the mechanical industry.
Designation: Production Engineer
Service: 15 years
Age: 38
Salary: $18,000 per month
I got injured when coming towards the company from home.
Injury: Paralysis (Mental & physical disability)
Queries:
1. Where can we absorb such a person? Under which act?
2. Is a one-time settlement possible? How?
3. Will he receive benefits under the Worker's Compensation Act?
etc... etc...
Girish
From India, Mumbai
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52Please help.
Case: Company in the mechanical industry.
Designation: Production Engineer
Service: 15 years
Age: 38
Salary: $18,000 per month
I got injured when coming towards the company from home.
Injury: Paralysis (Mental & physical disability)
Queries:
1. Where can we absorb such a person? Under which act?
2. Is a one-time settlement possible? How?
3. Will he receive benefits under the Worker's Compensation Act?
etc... etc...
Girish
From India, Mumbai
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Dear Girish,
Before replying to your queries, the following issues need to be clarified because, was the employee in an accident or did he suffer a stroke of paralysis while on the way to work? If he had a stroke, it cannot be considered an accident as defined in the compensation act.
As the employee's salary exceeds Rs. 10,000, he is not covered under the ESI Act. He should be covered under the Workmen Compensation Act or other provisions provided by the employer to safeguard the interests of all employees not covered by ESI.
Regarding other queries about placing him in another position, offering a one-time settlement, or determining if he is entitled to compensation benefits, these depend on whether the employee had an accident while commuting from home to the office. If so, what type of accident? Did he first sustain an injury resulting in a paralysis stroke?
If the employee indeed had an accident and suffered an injury leading to a paralysis stroke, then you are obligated to provide compensation as per the provisions of the Workmen Compensation Act, 1923. In such a scenario, you may not need to retain the employee due to his inability to perform duties. However, if you wish to provide additional payment beyond the compensation on humanitarian grounds, you may do so.
NVRao Hyderabad
From India, Hyderabad
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Before replying to your queries, the following issues need to be clarified because, was the employee in an accident or did he suffer a stroke of paralysis while on the way to work? If he had a stroke, it cannot be considered an accident as defined in the compensation act.
As the employee's salary exceeds Rs. 10,000, he is not covered under the ESI Act. He should be covered under the Workmen Compensation Act or other provisions provided by the employer to safeguard the interests of all employees not covered by ESI.
Regarding other queries about placing him in another position, offering a one-time settlement, or determining if he is entitled to compensation benefits, these depend on whether the employee had an accident while commuting from home to the office. If so, what type of accident? Did he first sustain an injury resulting in a paralysis stroke?
If the employee indeed had an accident and suffered an injury leading to a paralysis stroke, then you are obligated to provide compensation as per the provisions of the Workmen Compensation Act, 1923. In such a scenario, you may not need to retain the employee due to his inability to perform duties. However, if you wish to provide additional payment beyond the compensation on humanitarian grounds, you may do so.
NVRao Hyderabad
From India, Hyderabad
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Please note, an employee who had met with an accident when he was not on duty (inside or outside the factory/office) need not be compensated legally. It is up to the management/company's discretion to decide on the compensation levels. Please correct me if I am wrong.
- Saravana Rajan
From India, Mumbai
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- Saravana Rajan
From India, Mumbai
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Dear Mr. Rao & Mr. Rajan,
First of all, thank you very much for your response.
An employee who had met with an accident when he was not on duty (inside or outside the factory/office) need not be compensated legally. It is up to the management/company's discretion to decide on the compensation levels. Please correct me if I am wrong.
The above-mentioned accident happened while coming towards the company due to a slip. As his designation is an engineer, can we apply the Worker's Compensation Act? Please check Rajan's view.
Girish
From India, Mumbai
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First of all, thank you very much for your response.
An employee who had met with an accident when he was not on duty (inside or outside the factory/office) need not be compensated legally. It is up to the management/company's discretion to decide on the compensation levels. Please correct me if I am wrong.
The above-mentioned accident happened while coming towards the company due to a slip. As his designation is an engineer, can we apply the Worker's Compensation Act? Please check Rajan's view.
Girish
From India, Mumbai
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Workers parents can get claim under Employees Compensation Act - Madras HC.pdf
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