I met with an accident in company transport 3 to 4 times.Last accident I met was in may 2014,I was bedridden and was on bed rest,couldn't walk,travel as I got brain injury and 42 stitches on my head,ribs fractured,airline fracture in my shoulder,leg etc.Because of the accident it's become difficult to travel or work in any other company as I get bad headaches,my daily life is screwed up..My family is in tension whenever I leave from home as I get confused in crossing road or travel through public transport.My company did not give me any compensation,did not help and clear all my medical bills.Was forced to join office back,because of my medical condition I had to resign.please advice how do I ask for compensation as I am no more an employee of that company.
From India, Mumbai
From India, Mumbai
we are deeply saddened for your repeated accidents in company transport which maimed your daily life. you can prefer a complaint with labour officer of your area, before that you need to consult a good labour lawyer to put forth your grievances and claim for compensation. you are eligible for compensation of any injury that happen while traveling in the company vehicle as EC Act. be confident and courageous in your life. take care.
From India, New Delhi
421From India, New Delhi
Dear Deepali,
What happened with you was unfortunate. Series of misfortune has struck you the latest one was extremely harmful. Earlier the lot of discussion has happened on similar subject. You may refer the following link to refer that:
https://www.citehr.com/527285-met-ac...d-vehicle.html
Learned members have given their varied opinions. You may go through that thread in order to find out the solution. You may upload the solution in order to assess its viability from the seniors.
Thanks,
Dinesh Divekar
From India, Bangalore
What happened with you was unfortunate. Series of misfortune has struck you the latest one was extremely harmful. Earlier the lot of discussion has happened on similar subject. You may refer the following link to refer that:
https://www.citehr.com/527285-met-ac...d-vehicle.html
Learned members have given their varied opinions. You may go through that thread in order to find out the solution. You may upload the solution in order to assess its viability from the seniors.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Deepali,
To stake a claim for compensation successfully under the Employees Compensation Act,1923, the following facts should be present and proved with appropriate documentary and other evidence:
(1) Applicability of the Act of 1923. It is very important that the victim of the accident/workman should not have been covered by the Employees' State Insurance Act,1948.It is possible that by virtue of ceiling on wages, some employees can be out of the coverage of the ESI Act,1948.
(2) To claim compensation under the EC Act,1923, the victim of the employment accident shall be an "employee" as defined u/s 2(1)(dd) read with Schedule II of the Act. Here the nomenclature of the designation of the employee does not matter but only the capacity of the employment as mentioned in the list contained therein the Schedule. The list is not illustrative but exhaustive. In other words, if the victim's capacity of employment is not included in the list, he is out of the purview of the Act and hence can not seek any remedy under the Act. So, Deepali, you have to make sure that you were an " employee" as per the Act at the time of the accident.
(3) The injury or death of the employee should have been caused by an employment accident. Either the term " accident " or the phrase " employment accident " is not defined in the Act. They have to be inferred from the language of Section3 of the Act which prescribes the employer's liability for compensation. In other words the liability of the employer to compensate will arise only when the personal injury or death of the employee is due to an accident arising out of and in the course of his employment. The phrase " ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT" does not stop with its literal meaning alone and capable of getting extended beyond the zone of employment with reference to time and space. So, Deepali,Had the accident occurred while you were travelling in the vehicle arranged by the Company, it is a sure case of employment accident.
(4) The injury sustained in the employment accident should have resulted in partial disablement or permanent partial disablement or total disablement of the employee. Partial disablement is of a temporary nature so as to reduce the earning capacity of the employee in any employment in which he was engaged at the time of accident. Permanent partial disablement is of a permanent nature so as to reduce the earning capacity of the employee in every employment which he was capable of undertaking at the time of the accident. Every injury specified in Part II of Schedule I should be deemed to result in permanent partial disablement. Total disablement is such disablement, whether of a temporary or permanent nature, incapacitating the employee for all work he was capable to perform at the time of accident. The injuries specified in Part I of Sch I independently constitute permanent total disablement. However, if the aggregate percentage of the loss of earning capacity of any combination of the injuries in part I and those of part II amounts to 100% or more, it will be also construed as permanent total disablement. Therefore, assessment of disability by a qualified Medical Practioner and issue of a disability certificate is an important step prior to making a claim for compensation. Deepali, it is better that you get yourself examined by an Orthopedician and a nurologist and get separate disability certificates for rib fractures and brain injury.
(5) As per the amendments effective from 18-01-2010, the newly inserted section 4(2A) provides that the employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment. So, collect the original medical bills you paid and add up the expenses to the compensation claim.
(6) If the physical problems you alleged to suffer even as of now are true, yours is a genuine case of permanent total disability. So the matter of your resignation could be another reasonable point substantiating your claim for compensation.
The limitation period for filing the claim is not yet over. Therefore, engage an experienced counsel in employees compensation and get the claim filed before the area Commissiner for Employees Compensation.
Wishing you good luck!
From India, Salem
To stake a claim for compensation successfully under the Employees Compensation Act,1923, the following facts should be present and proved with appropriate documentary and other evidence:
(1) Applicability of the Act of 1923. It is very important that the victim of the accident/workman should not have been covered by the Employees' State Insurance Act,1948.It is possible that by virtue of ceiling on wages, some employees can be out of the coverage of the ESI Act,1948.
(2) To claim compensation under the EC Act,1923, the victim of the employment accident shall be an "employee" as defined u/s 2(1)(dd) read with Schedule II of the Act. Here the nomenclature of the designation of the employee does not matter but only the capacity of the employment as mentioned in the list contained therein the Schedule. The list is not illustrative but exhaustive. In other words, if the victim's capacity of employment is not included in the list, he is out of the purview of the Act and hence can not seek any remedy under the Act. So, Deepali, you have to make sure that you were an " employee" as per the Act at the time of the accident.
(3) The injury or death of the employee should have been caused by an employment accident. Either the term " accident " or the phrase " employment accident " is not defined in the Act. They have to be inferred from the language of Section3 of the Act which prescribes the employer's liability for compensation. In other words the liability of the employer to compensate will arise only when the personal injury or death of the employee is due to an accident arising out of and in the course of his employment. The phrase " ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT" does not stop with its literal meaning alone and capable of getting extended beyond the zone of employment with reference to time and space. So, Deepali,Had the accident occurred while you were travelling in the vehicle arranged by the Company, it is a sure case of employment accident.
(4) The injury sustained in the employment accident should have resulted in partial disablement or permanent partial disablement or total disablement of the employee. Partial disablement is of a temporary nature so as to reduce the earning capacity of the employee in any employment in which he was engaged at the time of accident. Permanent partial disablement is of a permanent nature so as to reduce the earning capacity of the employee in every employment which he was capable of undertaking at the time of the accident. Every injury specified in Part II of Schedule I should be deemed to result in permanent partial disablement. Total disablement is such disablement, whether of a temporary or permanent nature, incapacitating the employee for all work he was capable to perform at the time of accident. The injuries specified in Part I of Sch I independently constitute permanent total disablement. However, if the aggregate percentage of the loss of earning capacity of any combination of the injuries in part I and those of part II amounts to 100% or more, it will be also construed as permanent total disablement. Therefore, assessment of disability by a qualified Medical Practioner and issue of a disability certificate is an important step prior to making a claim for compensation. Deepali, it is better that you get yourself examined by an Orthopedician and a nurologist and get separate disability certificates for rib fractures and brain injury.
(5) As per the amendments effective from 18-01-2010, the newly inserted section 4(2A) provides that the employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment. So, collect the original medical bills you paid and add up the expenses to the compensation claim.
(6) If the physical problems you alleged to suffer even as of now are true, yours is a genuine case of permanent total disability. So the matter of your resignation could be another reasonable point substantiating your claim for compensation.
The limitation period for filing the claim is not yet over. Therefore, engage an experienced counsel in employees compensation and get the claim filed before the area Commissiner for Employees Compensation.
Wishing you good luck!
From India, Salem
The advice by learned member Shri Umakanthan is exhaustive and practical considering the brief details given in your post.
Was any FIR lodged in any of cases of injury?
Was the accident caused by collision with another vehicle?
I am sure all the medical papers would have been preserved safely by you.
It appears to be a medic legal case.
Did you visit government hospital or private hospital after suffering injuries?
A good lawyer would be e able to help you get financial compensation.
All the best for quick recovery.
From India, Pune
Was any FIR lodged in any of cases of injury?
Was the accident caused by collision with another vehicle?
I am sure all the medical papers would have been preserved safely by you.
It appears to be a medic legal case.
Did you visit government hospital or private hospital after suffering injuries?
A good lawyer would be e able to help you get financial compensation.
All the best for quick recovery.
From India, Pune
1. Sir, please also indicate whether your transport company is/was covered on the date of accident under ESI Act, 1948 ? If so, whether you were covered under ESI Act and contribution was being deducted and paid by the employer ?
2. If your transport company and you were covered under ESI Act, 1948, then employer will naturally deny his liability of compensation under ECA in the court.
From India, Noida
2. If your transport company and you were covered under ESI Act, 1948, then employer will naturally deny his liability of compensation under ECA in the court.
From India, Noida
Just a note of difference for your kind attention Mr.Harsh Kumar. Ms.Deepali seems to have been the employee of the Company and the vehicle was arranged by it for transportation at the time of the accident. It might be its own vehicle or a hired one which doesn't matter at all. Even if it happened to be a hired vehicle and that cabs has got ESI coverage for its employees, it could be applicable only to the driver who drove the vehicle and caused the accident.
From India, Salem
From India, Salem
If employee was covered under EC act,then compensation will flow from that source.
If car was having valid insurance then insurance company should be liable to compensate injured person.
If nothing else civil liability will attach and suit seeking compensation needs to be filed.
Role of employer of injured person is also important,he cannot avoid compensating the worker/employee.
From India, Pune
If car was having valid insurance then insurance company should be liable to compensate injured person.
If nothing else civil liability will attach and suit seeking compensation needs to be filed.
Role of employer of injured person is also important,he cannot avoid compensating the worker/employee.
From India, Pune
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