I just want't know that if employee during the working within factory premises got heart attack or any other decease like pain on body and employer get them to the hospital and spent money for his treatment.the Medical practitioner clearly mention in report this is not work related decease or not done due to work.so, in this case can the employer recover money from the employee ? secondly after such treatment employee not alive and die (we are not fall under ESIC ) . can we liable for compensation? please give me answer with supporting document.
From India, Ahmedabad
From India, Ahmedabad
Hi,
If the reason for death is natural compensation is not required.
However as a good will and gesture for the work contributed by the employee during his service period the employer may not recover the hospital expenses spent by them. Employer should clear the full and final settlement and also help family member to get provident fund benefits.
Also the employer may consider employment for one of the family member of the deceased employee, subject feasibility.
Please refer the following web link also.
https://www.dnaindia.com/india/repor...ath-sc-1348277
From India, Madras
952If the reason for death is natural compensation is not required.
However as a good will and gesture for the work contributed by the employee during his service period the employer may not recover the hospital expenses spent by them. Employer should clear the full and final settlement and also help family member to get provident fund benefits.
Also the employer may consider employment for one of the family member of the deceased employee, subject feasibility.
Please refer the following web link also.
https://www.dnaindia.com/india/repor...ath-sc-1348277
From India, Madras
Thanks For Your Valuable information my which My one doubt is clear
but still one remaining
one of employee having personal physical problem and due to pain during working hours he was hospitalized by employer and as a part of duties employer pay the hospital bill of more than 50,000 rs.we have 10000 and above employees so how this possible to pay for all. Dr. also mention in report that this is on birth problem of employee.
so,is there any rules by which employer can recover the medical expenses from the employee which occur during working hours but not due to work load or any other work related cause.
From India, Ahmedabad
but still one remaining
one of employee having personal physical problem and due to pain during working hours he was hospitalized by employer and as a part of duties employer pay the hospital bill of more than 50,000 rs.we have 10000 and above employees so how this possible to pay for all. Dr. also mention in report that this is on birth problem of employee.
so,is there any rules by which employer can recover the medical expenses from the employee which occur during working hours but not due to work load or any other work related cause.
From India, Ahmedabad
Hi,
Still I would suggest not to recover the hospital expenses. For a company which have employed 10000 work force this should be possible.
Alternatively you may pass a circular for contribution among all employees (voluntary contribution and not compulsory). Employer may also contribute some money on humanitarian basis. After adjusting the expenses the balance contribution may be issued the nominee of the employee. However, total amount of contribution received, employer contribution, hospital expenses adjusted, balance paid to the employee family should clearly displayed in notice board as a statement.
I suggest when you have such huge work force, you can recommend your employer about applying for term insurance and Personal accident Policy for all the employees . Either employer may contribute for the total premium or partially recover from the employees ( only after discussion and concurrence from the employees).
So in case of any natural death or death due to accident Insurance company will pay the coverage amount to the family. So employer's responsibility and risk will be less.
for term insurance the monthly premium will be very less for good coverage. Check with any insurance consultant for Group Term Insurance and Group Personal Accident Policy. Arrive at the cost factor and submit a report to the Management for consideration.
From India, Madras
Still I would suggest not to recover the hospital expenses. For a company which have employed 10000 work force this should be possible.
Alternatively you may pass a circular for contribution among all employees (voluntary contribution and not compulsory). Employer may also contribute some money on humanitarian basis. After adjusting the expenses the balance contribution may be issued the nominee of the employee. However, total amount of contribution received, employer contribution, hospital expenses adjusted, balance paid to the employee family should clearly displayed in notice board as a statement.
I suggest when you have such huge work force, you can recommend your employer about applying for term insurance and Personal accident Policy for all the employees . Either employer may contribute for the total premium or partially recover from the employees ( only after discussion and concurrence from the employees).
So in case of any natural death or death due to accident Insurance company will pay the coverage amount to the family. So employer's responsibility and risk will be less.
for term insurance the monthly premium will be very less for good coverage. Check with any insurance consultant for Group Term Insurance and Group Personal Accident Policy. Arrive at the cost factor and submit a report to the Management for consideration.
From India, Madras
The employer can not recover the expenditure made for the treatment of employee for his/her ailments happended at workplace.
As you have mentioned "Natural Disease" and "Medical practitioner Report after treatment' has got no meaning at this juncture because one is employed after he decalred fit by the doctor of the establishment. Now the question is, how your doctor failed to diagnose the ailments during pre-employment health check-up.
The employer bound to compensate the employee, if the employee dies during the treatment of ailment caused during working hour inside the premises is to be treated as "arising out of and in the course of his employment‟.
The above is in line of Workmen Compensation Act. The EC/WC authority would decide whether employee/legal heirs is eligile for compensation or not.
From India, Mumbai
As you have mentioned "Natural Disease" and "Medical practitioner Report after treatment' has got no meaning at this juncture because one is employed after he decalred fit by the doctor of the establishment. Now the question is, how your doctor failed to diagnose the ailments during pre-employment health check-up.
The employer bound to compensate the employee, if the employee dies during the treatment of ailment caused during working hour inside the premises is to be treated as "arising out of and in the course of his employment‟.
The above is in line of Workmen Compensation Act. The EC/WC authority would decide whether employee/legal heirs is eligile for compensation or not.
From India, Mumbai
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