Team,
One of our workmen got injured inside the plant premises during working hours. He was treated in a private hospital by the company as ESIC was nearby during incident and later he was on leave for 20 days. Though he was covered under ESIC, he didn't avail any facility form there, despite of we asking him to get treated at ESIC to avail benefits.
Now he is claiming wages for that 20 days, as he doesn't have any leave balance in his account. We said that since your are under ESIC, you should have approached ESIC for treatment & salary, but he is asking us to pay.
What should we do in this circumstance.
Kindly consider two cases. (1) If he is a company workmen & ( 2 )if he is a contract workmen.
From India, Madras
1One of our workmen got injured inside the plant premises during working hours. He was treated in a private hospital by the company as ESIC was nearby during incident and later he was on leave for 20 days. Though he was covered under ESIC, he didn't avail any facility form there, despite of we asking him to get treated at ESIC to avail benefits.
Now he is claiming wages for that 20 days, as he doesn't have any leave balance in his account. We said that since your are under ESIC, you should have approached ESIC for treatment & salary, but he is asking us to pay.
What should we do in this circumstance.
Kindly consider two cases. (1) If he is a company workmen & ( 2 )if he is a contract workmen.
From India, Madras
You mentioned that he was treated in Pvt. Hospital even though ESIC is nearby, can we know the reason behind it. Normally if any incident happens within the premises after First Aid the employee is taken to the ESIC by the company personnel, that's why a question is raised.
Last but not the least since the employee has denied to be treated in ESIC, he cannot claim wages legally, but on an humanitarian ground if the employer wish to pay him they can do so.
From India, Ahmadabad
Last but not the least since the employee has denied to be treated in ESIC, he cannot claim wages legally, but on an humanitarian ground if the employer wish to pay him they can do so.
From India, Ahmadabad
So since there were no ESIC Dispensary nearby you have admitted the employee in a Pvt. Hospital wherein he was supposed to be treated for 20 days and for that period he on leave (if I assumed correctly) so where is the hiccup he has to be compensated for the same.
From India, Ahmadabad
From India, Ahmadabad
Saji,
He was taken to Private hospital and was discharged on the same day & he was sent home. We suggested that for further treatment or checkup he can visit ESI and suggested him to apply ESI leave. He didn't do anything, instead he stayed at home for 20 days and now he is back to office & claiming for wages.
ESI was not so far, but on humanitarian grounds we took him to best private hospital for good treatment & later suggested him to get enrolled with ESI.
Now should we pay his 20 days salary as he was covered under ESIC & was eligible to get the benefit form there. Company can pay his 20 days, but this will become a practice in future occasions also. All workmen will expect company to take the responsibility despite of being covered under ESIC.
From India, Madras
He was taken to Private hospital and was discharged on the same day & he was sent home. We suggested that for further treatment or checkup he can visit ESI and suggested him to apply ESI leave. He didn't do anything, instead he stayed at home for 20 days and now he is back to office & claiming for wages.
ESI was not so far, but on humanitarian grounds we took him to best private hospital for good treatment & later suggested him to get enrolled with ESI.
Now should we pay his 20 days salary as he was covered under ESIC & was eligible to get the benefit form there. Company can pay his 20 days, but this will become a practice in future occasions also. All workmen will expect company to take the responsibility despite of being covered under ESIC.
From India, Madras
If he was discharged on the very same day and has taken leave of 20 days of his own then the company is not liable to pay, as mentioned earlier in my post on the last para
From India, Ahmadabad
From India, Ahmadabad
Mr Saji has rightly said if the workman is discharged after treatment without prescription of any leave, no need to pay for leave period.
From India, Delhi
From India, Delhi
Dear All,
Regarding same case I have some queries.
In my case our workman take a leave and treatment from ESIC. but when we file ESIC challan I made a mistake. I put 30 days working for him instead of 21 days.
Now when he apply for reimbursement ESIC officer said you are present for all 30 day.
Request you to please help me in same.
What I do now.
Thanks & Regards,
Vaibhav Shinde.
From India, Gurgaon
Regarding same case I have some queries.
In my case our workman take a leave and treatment from ESIC. but when we file ESIC challan I made a mistake. I put 30 days working for him instead of 21 days.
Now when he apply for reimbursement ESIC officer said you are present for all 30 day.
Request you to please help me in same.
What I do now.
Thanks & Regards,
Vaibhav Shinde.
From India, Gurgaon
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