When the worker was going home after completing his shift, he fell down on the path. Recently, he was hospitalized, and the doctor diagnosed him with a brain hemorrhage. He is currently receiving treatment. In my opinion, a brain hemorrhage is not an accident; it is a natural disease because he has been suffering from high blood pressure for a long time. My question is whether a brain hemorrhage occurring during the course of employment makes the employer liable for compensation.
From India, Ambala
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1From India, Ambala
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Please confirm the details about the Mediclaim policy he personally holds. What is the stance on hospitalization expenditure for natural illness and injuries occurring during the course of work for employees in your organization? How have you determined whether the brain hemorrhage was due to an injury or hypertension? What remarks have been given by the authorized hospital authorities of your organization?
In case the brain hemorrhage is caused by a head injury, it must be considered an industrial accident, and the organization has to bear the expenditure and compensation (if not supported by the Group Personal Accident Policy by WC Act or ESI Act). If it happened due to work pressure, he might have collapsed within 24 hours. However, a small head injury can also become severe in a victim with hypertension.
Thank you.
From India, Kumbakonam
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In case the brain hemorrhage is caused by a head injury, it must be considered an industrial accident, and the organization has to bear the expenditure and compensation (if not supported by the Group Personal Accident Policy by WC Act or ESI Act). If it happened due to work pressure, he might have collapsed within 24 hours. However, a small head injury can also become severe in a victim with hypertension.
Thank you.
From India, Kumbakonam
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx