Hi all, I am Anand from Pune, and I am working in an IT company. Three months ago, I met with an accident while I was on my way to the office in the company transport. I suffered an L4-5 injury and a slipped disk. I was hospitalized for four days, followed by one and a half months of bed rest. I returned to the office for 2-3 days, but my L4-5 got hurt again, and I had to undergo a root-block procedure, which led to another 3-day hospitalization. During this time, the company forced me to take leave as there is no medical leave policy in place. The hospitalization was covered by group insurance; however, I had to pay a 15% co-payment along with other charges.
I have now started working from an office location near my home as per doctor's advice, as I am still using a walker and advised not to travel or sit for more than 45 minutes at a stretch. I provided the medical certificate to the managers and directors, but they are not willing to accommodate my situation. According to them, this accident is not the company's responsibility, and they are insisting that I return to my old office location or take one month's unpaid leave or even leave the company.
Could you please advise me on whether the company can legally deny responsibility for this accident? If I decide to pursue legal action, under which act can I proceed, and where would I need to file the case?
Thank you.
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I have now started working from an office location near my home as per doctor's advice, as I am still using a walker and advised not to travel or sit for more than 45 minutes at a stretch. I provided the medical certificate to the managers and directors, but they are not willing to accommodate my situation. According to them, this accident is not the company's responsibility, and they are insisting that I return to my old office location or take one month's unpaid leave or even leave the company.
Could you please advise me on whether the company can legally deny responsibility for this accident? If I decide to pursue legal action, under which act can I proceed, and where would I need to file the case?
Thank you.
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Dear Anand,
If you were employed as a software engineer, you cannot fit into the definition of an employee under section 2(1)(dd) of the Employees Compensation Act, 1923, with reference to its Schedule II. Therefore, you cannot claim any compensation under the labor laws. You can seek remedy under the Motor Vehicles Act, 1988.
Thank you.
From India, Salem
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6109If you were employed as a software engineer, you cannot fit into the definition of an employee under section 2(1)(dd) of the Employees Compensation Act, 1923, with reference to its Schedule II. Therefore, you cannot claim any compensation under the labor laws. You can seek remedy under the Motor Vehicles Act, 1988.
Thank you.
From India, Salem
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