If employer is liable to pay workmen compensation is there any percentage of contribution from employer end and is there any salary slab for eligibility to get the compensation Regards Daniel
From India, Vijayawada
From India, Vijayawada
Dear All HR,
Please be a human being and then a HR. If a person is working for a particular company. Company is responsible for his happiness and sadness. If he cannot afford the treatment, what a poor person will do. Your MD is a good & generous person. Make work place a beautiful place. You can set rules for betterment of organisation. Keep yourself in that situation and then ask suggestions. If you are the only person and a family to feed, just put yourself in his situation, you will come to know how difficult it is. I am saying this because you mentioned that he is your factory worker.
So, please understand the situation and then make decisions. This is a humble request.
Thanks
From India, Mumbai
Please be a human being and then a HR. If a person is working for a particular company. Company is responsible for his happiness and sadness. If he cannot afford the treatment, what a poor person will do. Your MD is a good & generous person. Make work place a beautiful place. You can set rules for betterment of organisation. Keep yourself in that situation and then ask suggestions. If you are the only person and a family to feed, just put yourself in his situation, you will come to know how difficult it is. I am saying this because you mentioned that he is your factory worker.
So, please understand the situation and then make decisions. This is a humble request.
Thanks
From India, Mumbai
Dear All,
first I request to those who are not aware of labour laws: pls. Don't Reply!!!!
Second to those who knew labour laws: kindly guide everbody properly.
this is clear case where Workmen's (now Employees) compensation Act applies.
apart from all medical expenses some more amount according to the disability has to be paid by the employer under the act. the amount cannot be paid directly. It should be paid through mediator only i.e. workmen compensation commisioner only. also You must report about the accident with in one month to local labour office and Workmen compensatin commissioner.
Pls. read the act for further information.
There is one more point, In case of accident Employer can make the insurance Co. as party and liable to pay the amount. Insurance Co. is the Vehicle insurance Co. who had done third party insurance of the vehicle by which your employee gets hurted.
Advice TO ALL HR Practitioners then read the advice made by Pinki and others about "Placing yourself to the situation" I will SAY "USE EMPATHY"
Read all labour Laws for more clarity on the information.
Regards
Manish Gupta
Manager - Admin & HR
GINI & JONY LTD.
From India, Mumbai
5first I request to those who are not aware of labour laws: pls. Don't Reply!!!!
Second to those who knew labour laws: kindly guide everbody properly.
this is clear case where Workmen's (now Employees) compensation Act applies.
apart from all medical expenses some more amount according to the disability has to be paid by the employer under the act. the amount cannot be paid directly. It should be paid through mediator only i.e. workmen compensation commisioner only. also You must report about the accident with in one month to local labour office and Workmen compensatin commissioner.
Pls. read the act for further information.
There is one more point, In case of accident Employer can make the insurance Co. as party and liable to pay the amount. Insurance Co. is the Vehicle insurance Co. who had done third party insurance of the vehicle by which your employee gets hurted.
Advice TO ALL HR Practitioners then read the advice made by Pinki and others about "Placing yourself to the situation" I will SAY "USE EMPATHY"
Read all labour Laws for more clarity on the information.
Regards
Manish Gupta
Manager - Admin & HR
GINI & JONY LTD.
From India, Mumbai
Dear Sir,
The only questions are :- (1) Whether those employees are on employment rolls and not on any authorised leave at the time of accident? (2) Was them on the way to report for work ? (3) Was the accident a not a false and fabricated one for getting the benefits ? (4) Was the hospital stoppage prolonged more than 3 days ?
If answer is YES, the employer is bound to pay the compensation as that accident should be treated as those employees were while on duty and the "Principles of Notional Extension" has to be considered by the Management, even though the employer is technically NOT bound to pay any compensation.
Rest of the proceedings are as per statutes since the question is whether the employer is liable to pay the compensation.
From India, Kochi
The only questions are :- (1) Whether those employees are on employment rolls and not on any authorised leave at the time of accident? (2) Was them on the way to report for work ? (3) Was the accident a not a false and fabricated one for getting the benefits ? (4) Was the hospital stoppage prolonged more than 3 days ?
If answer is YES, the employer is bound to pay the compensation as that accident should be treated as those employees were while on duty and the "Principles of Notional Extension" has to be considered by the Management, even though the employer is technically NOT bound to pay any compensation.
Rest of the proceedings are as per statutes since the question is whether the employer is liable to pay the compensation.
From India, Kochi
Hi,
Employee onthe way to office & again going back to Home, wheather he is covered with insurance or not covered with ESI....still employer have to take resonsibility on incident.....provided employee should not be inthe influence of the Alcohol or any sleeping pills etc....this can be know in medical reports.
Hence employer have to make very clear in standard HR Policy of their establishments.
Regs,
Venkat.
HR Head
From India, Hyderabad
Employee onthe way to office & again going back to Home, wheather he is covered with insurance or not covered with ESI....still employer have to take resonsibility on incident.....provided employee should not be inthe influence of the Alcohol or any sleeping pills etc....this can be know in medical reports.
Hence employer have to make very clear in standard HR Policy of their establishments.
Regs,
Venkat.
HR Head
From India, Hyderabad
Dear Friends,
The First question is whether the industry is covered under the ESI Act or not ? Secondly even if it is covered, as the employees are not on duty, they are not eligible for any medical benefits under ESI. The Management only on humnity consider their medical treatment bill. It is not obligatory under any law.
Pl. also note that the workmen compensation act appllies only when the incident takes place within the company premises and if the employees met with an accident outside the factory premises, they should be on official work.
In the interest of the employees the Management should have some insurance policy to meet such unforseen circumstances such as this accident.
In our organisaton, though the employees are covered under the ESI scheme, we have mediclaim policy for all the employees whether they are covered under ESI or not. The policy takes care of the medical expenses limited to the insured amount.
Hope this will give some picture about your quiry.
G.K.Manjunath,
Manager-HR
From India, Bangalore
The First question is whether the industry is covered under the ESI Act or not ? Secondly even if it is covered, as the employees are not on duty, they are not eligible for any medical benefits under ESI. The Management only on humnity consider their medical treatment bill. It is not obligatory under any law.
Pl. also note that the workmen compensation act appllies only when the incident takes place within the company premises and if the employees met with an accident outside the factory premises, they should be on official work.
In the interest of the employees the Management should have some insurance policy to meet such unforseen circumstances such as this accident.
In our organisaton, though the employees are covered under the ESI scheme, we have mediclaim policy for all the employees whether they are covered under ESI or not. The policy takes care of the medical expenses limited to the insured amount.
Hope this will give some picture about your quiry.
G.K.Manjunath,
Manager-HR
From India, Bangalore
Dear All,
Here first of all we have to see whether the factory is located in the implemented area as notified by the Government of India under Sec 1(3) of the ESI ACT. If the area is notified and implemented and the factory is employed 10 or more persons then it will automatically amenable under the Act and you being the Principal employer is liable to comply under the provisions of the Act. The workers will get the due benefits including accidents occurred while coming to office or going to home. Here the willingness or dislike does not work. On the other hand if that area is not notified then you will not be liable for any compliance under the ESI Act and automatically the WC Act will come into existence and you have proceed further under the WC Act. If ESI Act is there, automatically the WC Act ceases.
with regards
sanagapalli VR
Asst Director (Retd)
ESI Corporation
From India, Hyderabad
Here first of all we have to see whether the factory is located in the implemented area as notified by the Government of India under Sec 1(3) of the ESI ACT. If the area is notified and implemented and the factory is employed 10 or more persons then it will automatically amenable under the Act and you being the Principal employer is liable to comply under the provisions of the Act. The workers will get the due benefits including accidents occurred while coming to office or going to home. Here the willingness or dislike does not work. On the other hand if that area is not notified then you will not be liable for any compliance under the ESI Act and automatically the WC Act will come into existence and you have proceed further under the WC Act. If ESI Act is there, automatically the WC Act ceases.
with regards
sanagapalli VR
Asst Director (Retd)
ESI Corporation
From India, Hyderabad
Our Factory is Located in Pathiri (NH 45) (Trichy - chennai High road).
I check with our Depty Inspector or factories. We dont have govt/private hospital for nearly 15kms radius.
Could you suggest much more on this , i am not able to understand. What and where should i have to go and get this ESI registered.
From India, Coimbatore
I check with our Depty Inspector or factories. We dont have govt/private hospital for nearly 15kms radius.
Could you suggest much more on this , i am not able to understand. What and where should i have to go and get this ESI registered.
From India, Coimbatore
Is there a law says so sir.? Please suggest. first the accident itself is a problem. the bike they were travelling was in triples.
From India, Coimbatore
From India, Coimbatore
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