Dear Seniors,
Please clarify, one of my acquaintances who works for a company met with an accident and lost his right-hand ring finger. The company paid him compensation as prescribed by the Employee Compensation Act. The accident occurred due to negligence on his part while on duty.
The company decided to terminate his services as they do not wish to retain him.
Is the employer obligated to provide employment to an employee who has had a workplace accident and claimed compensation?
Regards,
From India, Palakkad
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14Please clarify, one of my acquaintances who works for a company met with an accident and lost his right-hand ring finger. The company paid him compensation as prescribed by the Employee Compensation Act. The accident occurred due to negligence on his part while on duty.
The company decided to terminate his services as they do not wish to retain him.
Is the employer obligated to provide employment to an employee who has had a workplace accident and claimed compensation?
Regards,
From India, Palakkad
Acknowledge(1)Amend(0)
Termination of Employment and Natural Justice
Termination of a workman is void ab initio if the procedure under the principle of natural justice is not followed. Negligence while on duty must be proven, and the worker should be given an opportunity to defend against allegations of negligence. In most industrial accidents that occur while on duty, the employer is responsible based on the system and procedure, which is a proven fact.
Fitness Certification and Alternative Employment
Furthermore, due to the loss of the ring finger phalanges, the worker's fitness or unfitness for the job must be certified by a panel of doctors from a government hospital. On compassionate grounds, management typically provides an alternative job, especially when the accident occurred while on duty.
From India, Madras
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Termination of a workman is void ab initio if the procedure under the principle of natural justice is not followed. Negligence while on duty must be proven, and the worker should be given an opportunity to defend against allegations of negligence. In most industrial accidents that occur while on duty, the employer is responsible based on the system and procedure, which is a proven fact.
Fitness Certification and Alternative Employment
Furthermore, due to the loss of the ring finger phalanges, the worker's fitness or unfitness for the job must be certified by a panel of doctors from a government hospital. On compassionate grounds, management typically provides an alternative job, especially when the accident occurred while on duty.
From India, Madras
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Dear Seniors,
The company paid compensation as per the Employee Compensation Act for an accident that occurred at the workplace. Why did the company pay compensation for the accident that happened due to negligence?
The company cannot terminate someone's service for vague reasons. An employer is liable to provide employment to an employee who has had a workplace accident and claimed their compensation.
Thank you.
From India, Mumbai
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The company paid compensation as per the Employee Compensation Act for an accident that occurred at the workplace. Why did the company pay compensation for the accident that happened due to negligence?
The company cannot terminate someone's service for vague reasons. An employer is liable to provide employment to an employee who has had a workplace accident and claimed their compensation.
Thank you.
From India, Mumbai
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