Responsibilities of an Organization in the Case of an Industrial Mishap
What are the responsibilities an organization must consider in the case of an industrial mishap? I request the opinion of the esteemed members of the forum on the following case:
Mr. A has been employed as a driver in a company for the last 13 years. The organization is in the manufacturing sector and is registered as an SSI entity. It is a private limited company with a proven track record of more than 40 years.
They have ESI, medical insurance, PF, annual bonus, gratuity, and all statutory systems in place for the welfare of the employees, who number about 250 in all.
Mr. A is presently about 42 years old. Recently, on 7/11/16, he was sent on official duty to a neighboring state, where he was required to escort some senior officials of the organization for an equipment demonstration at the premises of a reputed customer. They left at 2:30 pm and reached their destination at about 8:00 pm.
Later, at about 8:30 pm, he suffered a bout of vomiting and fell unconscious. He was admitted by company personnel and treated at a nearby hospital, where it was diagnosed that he had suffered a stroke. Upon revival, it was also noticed that the stroke had affected the mobility of his left hand and leg. It was also diagnosed that the stroke was a result of high blood sugar and hypertension. As he was in no fit condition to carry out his duties, he was provided transportation back to the headquarters for further hospitalization and treatment. He was discharged from the hospital on 13/11/16 and went home for further rest and recuperation.
The company provided monetary assistance to cover his hospitalization and other expenses through the group insurance policy that the company has taken to cater to such emergencies.
His salary was also paid till the end of November '16, after adjusting his absence from 8/11/16 to 30/11/16.
Now, after 2 months, he is back on his feet but still not in a condition to resume his normal duties. However, the organization has stopped paying his salary, stating that the organization is in no way responsible for the medical condition of the employee, as the person was not aware that he was diabetic nor was he taking any medication to control his condition. Consequently, he has reported back for duty, even though he has been advised further rest and physiotherapy by the doctors.
He is in no position to perform his duties as a driver.
Under the circumstances, what is the role of the organization in rehabilitating him? It is also to be noted that he is the sole breadwinner of the family and does not have any other source of income.
Can this situation be considered an industrial mishap?
Regards,
Autonomy
From India, Bengaluru
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What are the responsibilities an organization must consider in the case of an industrial mishap? I request the opinion of the esteemed members of the forum on the following case:
Mr. A has been employed as a driver in a company for the last 13 years. The organization is in the manufacturing sector and is registered as an SSI entity. It is a private limited company with a proven track record of more than 40 years.
They have ESI, medical insurance, PF, annual bonus, gratuity, and all statutory systems in place for the welfare of the employees, who number about 250 in all.
Mr. A is presently about 42 years old. Recently, on 7/11/16, he was sent on official duty to a neighboring state, where he was required to escort some senior officials of the organization for an equipment demonstration at the premises of a reputed customer. They left at 2:30 pm and reached their destination at about 8:00 pm.
Later, at about 8:30 pm, he suffered a bout of vomiting and fell unconscious. He was admitted by company personnel and treated at a nearby hospital, where it was diagnosed that he had suffered a stroke. Upon revival, it was also noticed that the stroke had affected the mobility of his left hand and leg. It was also diagnosed that the stroke was a result of high blood sugar and hypertension. As he was in no fit condition to carry out his duties, he was provided transportation back to the headquarters for further hospitalization and treatment. He was discharged from the hospital on 13/11/16 and went home for further rest and recuperation.
The company provided monetary assistance to cover his hospitalization and other expenses through the group insurance policy that the company has taken to cater to such emergencies.
His salary was also paid till the end of November '16, after adjusting his absence from 8/11/16 to 30/11/16.
Now, after 2 months, he is back on his feet but still not in a condition to resume his normal duties. However, the organization has stopped paying his salary, stating that the organization is in no way responsible for the medical condition of the employee, as the person was not aware that he was diabetic nor was he taking any medication to control his condition. Consequently, he has reported back for duty, even though he has been advised further rest and physiotherapy by the doctors.
He is in no position to perform his duties as a driver.
Under the circumstances, what is the role of the organization in rehabilitating him? It is also to be noted that he is the sole breadwinner of the family and does not have any other source of income.
Can this situation be considered an industrial mishap?
Regards,
Autonomy
From India, Bengaluru
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As told above, the affected person has been covered under ESIC. When the person was covered under ESIC, then why did he receive treatment from the group insurance policy? How involved is ESIC in this case?
After the reply, we can discuss further.
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651After the reply, we can discuss further.
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Thank you for your reply. The employee in question is not covered under ESIC as his basic salary exceeds the limit. Therefore, he is covered under a group insurance policy for sickness and accidents. This is for your information. I am looking forward to hearing your opinion.
Regards,
Autonomous
From India, Bengaluru
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Regards,
Autonomous
From India, Bengaluru
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ESIC Coverage and Employer Responsibilities
ESIC is not based on basic salary, but a gross monthly salary below ₹15,000 is covered. Currently, up to ₹21,000 is covered, effective from January 1, 2017.
If a person is covered under ESIC, then their total treatment and sickness salary are borne by ESIC. In case of disability or death, the same is also covered by ESIC, so the employer is not forcefully liable for any such damage claim, except for providing first aid, sending the insured person to the nearest ESI hospital, and submitting an accident report (if any). The remaining care is managed by the ESIC dispensary or panel doctor.
I think he can get covered under ESIC with the increased limit of ₹21,000; if possible, then make it available. That would be a great relief for both the employee and the employer.
In the absence of such an option, it is advised to form an internal committee with workers, where at least one person should be from the management side, to make decisions on his present situation and the resumption of his work.
Upon the report of the committee, offer the employee a lower-stress job for 2-3 months, giving him the option to recover and resume his old post for his well-being. Otherwise, he is free to downgrade his experience.
Regards,
[username]
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ESIC is not based on basic salary, but a gross monthly salary below ₹15,000 is covered. Currently, up to ₹21,000 is covered, effective from January 1, 2017.
If a person is covered under ESIC, then their total treatment and sickness salary are borne by ESIC. In case of disability or death, the same is also covered by ESIC, so the employer is not forcefully liable for any such damage claim, except for providing first aid, sending the insured person to the nearest ESI hospital, and submitting an accident report (if any). The remaining care is managed by the ESIC dispensary or panel doctor.
I think he can get covered under ESIC with the increased limit of ₹21,000; if possible, then make it available. That would be a great relief for both the employee and the employer.
In the absence of such an option, it is advised to form an internal committee with workers, where at least one person should be from the management side, to make decisions on his present situation and the resumption of his work.
Upon the report of the committee, offer the employee a lower-stress job for 2-3 months, giving him the option to recover and resume his old post for his well-being. Otherwise, he is free to downgrade his experience.
Regards,
[username]
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Organizational Responsibilities in Non-Industrial Accidents
The accident took place in November prior to the limit enhancement, which happened in January 2017. Under these circumstances, ESIC will not entertain such incidents. Since it is not an industrial accident or mishap, the possibility of compensation does not arise, and it is considered his personal health problem. It depends on the organization to help the employee on humanitarian grounds; he can be shifted to some other lighter job that may be suitable under his current health conditions.
This is purely an organizational decision depending on the situation. I believe no legal guidelines exist to handle such a scenario.
Regards, Ravindran
General Manager - HR
[Phone Number Removed For Privacy Reasons]
From India, New Delhi
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The accident took place in November prior to the limit enhancement, which happened in January 2017. Under these circumstances, ESIC will not entertain such incidents. Since it is not an industrial accident or mishap, the possibility of compensation does not arise, and it is considered his personal health problem. It depends on the organization to help the employee on humanitarian grounds; he can be shifted to some other lighter job that may be suitable under his current health conditions.
This is purely an organizational decision depending on the situation. I believe no legal guidelines exist to handle such a scenario.
Regards, Ravindran
General Manager - HR
[Phone Number Removed For Privacy Reasons]
From India, New Delhi
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ESIC HANDICAPED EMPLOYEE REGISTRATION-23 0311PhyHEmp.pdf