Dear All, One of apprentice has met with an accident while in maintenance work in process. All the medical expenses given by apprentice and submitted all expenses bill to the management for reimbursement but was refused for reimbursement "on the reason compensation payable to apprentice as Apprentice Act and compensation but there is no provision regarding to the payment of medical expenses to the apprentice.
Pls suggest with case/citation
From Israel, Ramat Dawid
Pls suggest with case/citation
From Israel, Ramat Dawid
In respect of apprentices, though the ESI Act is not applicable, the Workmen Compensation Act is applicable. Therefore, the employer is liable to reimburse all medical expenses incurred by the apprentice and to pay for the days he remained on leave. Please refer section 16 Apprentice Act for details.
From India, Kannur
4250From India, Kannur
But sir, In Apprentice Act only provision of compensation to apprentice and regarding reimbursement of medical expenses act are silent but in Workmens compensation act sub-setion (2A) of section 4 there is provision of reimbursement. Hence management taking advantages of apprentice act provision and refusing reimbursement of medical bill to apprentice.
Pls share any citation regarding medical bill reimbursement to Apprentice
From Israel, Ramat Dawid
Pls share any citation regarding medical bill reimbursement to Apprentice
From Israel, Ramat Dawid
If you read section 16 of Apprentice Act, you will find that the employer is liable to PAY compensation to apprentice in accordance with provisions of Workmen's Compensation Act. Workmen/ Employees Compensation Act provides for how much should be the compensation payable in the case of temporary disablement, permanent disablement or death during the course of employment. Section 4 provides for reimbursement of actual expenses incurred by the employee by the employer. This section also says that the employer should not adjust the expenses incurred by him for treatment of the employee from the amount of compensation payable to the latter. Hope this is convincing for you.
From India, Kannur
From India, Kannur
Then whose employee is he? It is true that he is not an EMPLOYEE but since an apprentice is ENGAGED by you, you are liable to compensate for the losses incurred by him on account of accidents during the course of employment. At that time,you cannot say that he is not your employee. If not your employee why did he come to your factory? Why dis he do the maintenance work?
From India, Kannur
From India, Kannur
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