Dear All,
If an employee is injured in the company resulting in temporary disablement for 10 days, the employee is not covered under ESI because the area is not under ESI. During the days of his absence, how should we treat the 10 days - as sick leave, give him full salary, or provide him with 25% of salary as per the Workmen's Compensation Act? Is the 10 days to be deducted from his eligible sick leave or not? Please advise me with relevant proofs.
Thanks in anticipation.
B. Vijayasarathy.
From India, Hyderabad
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If an employee is injured in the company resulting in temporary disablement for 10 days, the employee is not covered under ESI because the area is not under ESI. During the days of his absence, how should we treat the 10 days - as sick leave, give him full salary, or provide him with 25% of salary as per the Workmen's Compensation Act? Is the 10 days to be deducted from his eligible sick leave or not? Please advise me with relevant proofs.
Thanks in anticipation.
B. Vijayasarathy.
From India, Hyderabad
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Dear Vijayasarathy,
The concerned employee is eligible for 25% of the monthly wages during the period of disablement according to the Employees' Compensation Act. However, my suggestion is that on compassionate grounds, the organization should pay him the full salary without adjusting any leave. Organizations are free to provide better benefits than what is stipulated in different labor acts.
Thank you.
From India, Pune
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177The concerned employee is eligible for 25% of the monthly wages during the period of disablement according to the Employees' Compensation Act. However, my suggestion is that on compassionate grounds, the organization should pay him the full salary without adjusting any leave. Organizations are free to provide better benefits than what is stipulated in different labor acts.
Thank you.
From India, Pune
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First, you need to find the root cause of the accident. Whether it was due to a human error or not. In this incident, what is the role of the injured party? If the accident occurred due to either management's mistake or someone else's mistake, the injured party may be eligible for full wages. When the accident happens without any fault on the injured party's part, why should they lose their salary/wages?
V K Rao
From India, Guntur
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V K Rao
From India, Guntur
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Dear Friend Give Special leave for that period and give full salary since the accident took place in the course of employment. regards alphonse
From India, Madras
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From India, Madras
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Dear Vijay,
As I understand it, the provisions of the Employees Compensation Act entitle workers to complete treatment. Regarding wages, if the absence is for 3 days or less, no amount needs to be paid. If it extends for more days, 50% of wages have to be paid.
From India, Coimbatore
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As I understand it, the provisions of the Employees Compensation Act entitle workers to complete treatment. Regarding wages, if the absence is for 3 days or less, no amount needs to be paid. If it extends for more days, 50% of wages have to be paid.
From India, Coimbatore
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Hi Vijay,
The person is very much entitled to the full salary if the incident happened while at work, subject to proper investigations. Workers' compensation (WC) is applicable as a statutory benefit and will require a thorough investigation, which may take its own time for settlement. In fact, it is always in the company's best interest that every employee is considered an asset and is treated generously in such cases.
Thanks,
BIJAY MAJUMDAR
From India, Vadodara
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The person is very much entitled to the full salary if the incident happened while at work, subject to proper investigations. Workers' compensation (WC) is applicable as a statutory benefit and will require a thorough investigation, which may take its own time for settlement. In fact, it is always in the company's best interest that every employee is considered an asset and is treated generously in such cases.
Thanks,
BIJAY MAJUMDAR
From India, Vadodara
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Dear All,
No one wants to get injured; it is not in the interest of the company to investigate whose fault this is. The investigation should focus on how to avoid a reoccurrence. In my opinion, the employee should be granted full salary without any deduction of leave from their account. I agree that every employee is an asset to the company.
From India, Kota
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No one wants to get injured; it is not in the interest of the company to investigate whose fault this is. The investigation should focus on how to avoid a reoccurrence. In my opinion, the employee should be granted full salary without any deduction of leave from their account. I agree that every employee is an asset to the company.
From India, Kota
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Dear All,
Thank you for your comments. I agree with all of you, but I need clarification on whether we have to treat his absence from duty as leave with 25% salary or full salary, without treating it as leave. Please provide me with any rules that explain these guidelines because I have referred to books, but I am still unclear.
Thanks & Regards,
B. Vijayasarathy
09976234110
From India, Hyderabad
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Thank you for your comments. I agree with all of you, but I need clarification on whether we have to treat his absence from duty as leave with 25% salary or full salary, without treating it as leave. Please provide me with any rules that explain these guidelines because I have referred to books, but I am still unclear.
Thanks & Regards,
B. Vijayasarathy
09976234110
From India, Hyderabad
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Dear Mr. Vijay,
Rule books are for reference and to settle critical issues. In the case referred to, it would be better to compensate the employee with full wages for his treatment period, granting him special paid leave along with the full treatment cost.
Regards,
R K SINGH
CHANDIGARH
From India, Delhi
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Rule books are for reference and to settle critical issues. In the case referred to, it would be better to compensate the employee with full wages for his treatment period, granting him special paid leave along with the full treatment cost.
Regards,
R K SINGH
CHANDIGARH
From India, Delhi
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Dear Mr. Vijay,
This is a normal case. Mark his absent days as Accident leave and just pay him as if he was present on those days. This may not be a rule but could be a policy of the company or a decision of management.
If you go by the rule, then there are 03 options:
1. If the person is absent for more than 48 hours, this is a reportable accident, and you should comply with the Factory Inspector's Office.
2. If you do not have accident policy coverage, you should pay E.C. as per the table and calculation. If you do so, you do not need to mark the absent days as leave.
3. If you mark it as Sick leave, then you should ask the employee to provide a medical certificate for that. Keep in mind that this is a lengthy procedure.
Mangesh Wakodkar
Aurangabad
From India, Pune
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This is a normal case. Mark his absent days as Accident leave and just pay him as if he was present on those days. This may not be a rule but could be a policy of the company or a decision of management.
If you go by the rule, then there are 03 options:
1. If the person is absent for more than 48 hours, this is a reportable accident, and you should comply with the Factory Inspector's Office.
2. If you do not have accident policy coverage, you should pay E.C. as per the table and calculation. If you do so, you do not need to mark the absent days as leave.
3. If you mark it as Sick leave, then you should ask the employee to provide a medical certificate for that. Keep in mind that this is a lengthy procedure.
Mangesh Wakodkar
Aurangabad
From India, Pune
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Dear Mr. Vijay,
As a good employer practice, workers shall be paid special leave with full wages, along with the cost of treatment. As the accident has taken place at work, an inquiry shall be made, and corrective measures shall be taken to prevent such incidents in the future.
AK Mathur
From India, Delhi
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As a good employer practice, workers shall be paid special leave with full wages, along with the cost of treatment. As the accident has taken place at work, an inquiry shall be made, and corrective measures shall be taken to prevent such incidents in the future.
AK Mathur
From India, Delhi
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Dear All
Under Employees’ Compensation Act, 1923, an employee who dies or suffers disablement (partial or total) due to accident is entitled to get compensation from employer, if it is employment injury, i.e. arising out of and during the course of employment. Further as per section section 53 of ESIC if the employee covered under ESI Act he is not entitled to get compensation under Employee’s Compensation Act. Employer is liable even if the employee was negligent or careless or was at fault by way of no fault liability.However no compensation is payable if disablement is up to only three days.where temporary disablement, whether total or partial, results from the injury then the employees is entitled to a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (2). However that the employer shall not be liable in respect of any partial injury,caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
U.C.Dalai
Chief Executive Officer
Aparajita Compliance Solution Private Limited
From India, Madras
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Under Employees’ Compensation Act, 1923, an employee who dies or suffers disablement (partial or total) due to accident is entitled to get compensation from employer, if it is employment injury, i.e. arising out of and during the course of employment. Further as per section section 53 of ESIC if the employee covered under ESI Act he is not entitled to get compensation under Employee’s Compensation Act. Employer is liable even if the employee was negligent or careless or was at fault by way of no fault liability.However no compensation is payable if disablement is up to only three days.where temporary disablement, whether total or partial, results from the injury then the employees is entitled to a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (2). However that the employer shall not be liable in respect of any partial injury,caused by an accident which is directly attributable to—
(i) the employee having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or
(iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employees,
U.C.Dalai
Chief Executive Officer
Aparajita Compliance Solution Private Limited
From India, Madras
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Dear Vijay,
Kindly ascertain that the accident has not arisen due to negligence or willful neglect of safe instructions, etc. If so, he is to be paid leave with full wages. This already justifies your stand. Otherwise, workmen will not be loyal to your company. The leave to be sanctioned shall be special leave.
Regards,
S.K. Johri
From India, Delhi
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Kindly ascertain that the accident has not arisen due to negligence or willful neglect of safe instructions, etc. If so, he is to be paid leave with full wages. This already justifies your stand. Otherwise, workmen will not be loyal to your company. The leave to be sanctioned shall be special leave.
Regards,
S.K. Johri
From India, Delhi
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