what are responsibilities of an organisation in the case of an industrial mishap
ANNONYMOUS Make Anonymous #1
What are the responsibilities an Organisation has to consider in the case of an industrial mishap?
I request the opinion of the esteemed Members of the forum in the following case:
Mr. A has been employed as a Driver in a Company since last 13 years. The Organisation is in the Manufacturing sector and is a registered as a SSI entity. It is a private Limited Company with a proven track record of more than 40 years.
They have ESI, Medical Insurance, PF, Annual Bonus, Gratuity and all statutory systems in place for the welfare of the employees, who number about 250 in all.
Mr. A is presently aged about 42 years. Recently on 7/11/16, he was sent on official duty to a neighboring state, wherein he was required to escort some senior officials of the Organisation for equipment demonstration at the premises of a reputed customer. They left at 2.30 pm in the afternoon and reached their destination at about 8.00 pm.
Later on at about 8.30 pm he suffered a bout of vomiting and fell unconscious. He was admitted by Company personnel and treated at a nearby Hospital, where it was diagnosed that he had suffered a stroke. Upon revival, it was also noticed that the stroke had affected the mobility of his left hand and leg. It was also diagnosed that the stroke was a result of high Blood Sugar and hypertension. As he was in no fit condition to carry out his duties, he was provided transportation back to the Headquarters for further hospitalization and treatment. He was discharged from the hospital on 13/11/16 and went home for further rest and recuperation.
The Company provided monetary assistance to cover his hospitalization and other expenses through the Group Insurance Policy that the Company has taken to cater to such emergencies.
His salary was also paid till end Nov ’16, after adjusting his absence from 8/11/16 to 30/11/16.
Now after 2 months he is back on his feet, but has still been not in a condition to resume his normal duties. However, as the Organisation had stopped paying his salary stating that the Organisation is in no way responsible for the medical condition of the employee, as the person was not aware that he was diabetic nor was he taking any medication to control his condition. Consequently, he has reported back for duty, even though he has been advised further rest and physiotherapy by the doctors.
He is in no position to perform his duties as Driver.
Under the circumstances what is the role of the Organisation in rehabilitating him. It is also to be noted that he is the sole bread-winner of the family and he does not have any other source of income.
Can this situation be considered as an industrial mishap?
Yours sincerely,
Autonomy
Yesterday From India, Bengaluru
From India, Bengaluru
ANNONYMOUS Make Anonymous #1
What are the responsibilities an Organisation has to consider in the case of an industrial mishap?
I request the opinion of the esteemed Members of the forum in the following case:
Mr. A has been employed as a Driver in a Company since last 13 years. The Organisation is in the Manufacturing sector and is a registered as a SSI entity. It is a private Limited Company with a proven track record of more than 40 years.
They have ESI, Medical Insurance, PF, Annual Bonus, Gratuity and all statutory systems in place for the welfare of the employees, who number about 250 in all.
Mr. A is presently aged about 42 years. Recently on 7/11/16, he was sent on official duty to a neighboring state, wherein he was required to escort some senior officials of the Organisation for equipment demonstration at the premises of a reputed customer. They left at 2.30 pm in the afternoon and reached their destination at about 8.00 pm.
Later on at about 8.30 pm he suffered a bout of vomiting and fell unconscious. He was admitted by Company personnel and treated at a nearby Hospital, where it was diagnosed that he had suffered a stroke. Upon revival, it was also noticed that the stroke had affected the mobility of his left hand and leg. It was also diagnosed that the stroke was a result of high Blood Sugar and hypertension. As he was in no fit condition to carry out his duties, he was provided transportation back to the Headquarters for further hospitalization and treatment. He was discharged from the hospital on 13/11/16 and went home for further rest and recuperation.
The Company provided monetary assistance to cover his hospitalization and other expenses through the Group Insurance Policy that the Company has taken to cater to such emergencies.
His salary was also paid till end Nov ’16, after adjusting his absence from 8/11/16 to 30/11/16.
Now after 2 months he is back on his feet, but has still been not in a condition to resume his normal duties. However, as the Organisation had stopped paying his salary stating that the Organisation is in no way responsible for the medical condition of the employee, as the person was not aware that he was diabetic nor was he taking any medication to control his condition. Consequently, he has reported back for duty, even though he has been advised further rest and physiotherapy by the doctors.
He is in no position to perform his duties as Driver.
Under the circumstances what is the role of the Organisation in rehabilitating him. It is also to be noted that he is the sole bread-winner of the family and he does not have any other source of income.
Can this situation be considered as an industrial mishap?
Yours sincerely,
Autonomy
Yesterday From India, Bengaluru
From India, Bengaluru
632
ESIC is not based on Basic salary, but gross monthly salary below 15000 were covered, and right now upto 21000 is covered, w.e.f 1st jan 2017
if the person is covered under ESIC, then his total treatment and sickness salary is borne by ESIC, and in case of disability or death, the same is also covered by ESIC, so employer is not forcefully liable for any such damage claim, except the first aid and sending the IP to nearest ESI hospital, and submitting of accident report ( if any) balance care is taken by ESIC dispensary or panel doctor,
i think he can get covered under ESIC with the increased limit of 21000, if possible then make it available, that would be a great relief for employee as well as employer also
in absence of such option, advised to form an internal committee with workers where at least one of the person should be from management side, to take decisions on his present situation and resume of his work,
on the report of the committee, offer the employee a lower stress job, for 2-3 months, option for him to recover,and resume on old post, for his good, otherwise he is free to downgrade his experience,
if the person is covered under ESIC, then his total treatment and sickness salary is borne by ESIC, and in case of disability or death, the same is also covered by ESIC, so employer is not forcefully liable for any such damage claim, except the first aid and sending the IP to nearest ESI hospital, and submitting of accident report ( if any) balance care is taken by ESIC dispensary or panel doctor,
i think he can get covered under ESIC with the increased limit of 21000, if possible then make it available, that would be a great relief for employee as well as employer also
in absence of such option, advised to form an internal committee with workers where at least one of the person should be from management side, to take decisions on his present situation and resume of his work,
on the report of the committee, offer the employee a lower stress job, for 2-3 months, option for him to recover,and resume on old post, for his good, otherwise he is free to downgrade his experience,
Mr. Sharma
The accident took place in November prior to the limit enhancement which happened in Jan17, under these circumstance ESCI will not entertain such incidences.
Since it is not an industrial accident or mis-happening the compensation possibilities does not arise and it is considered as his personal health problem. It depends on the organization to help the employee on humanitarian background he can be shifted to some other lighter job which may allow under his current health conditions.
Purely an organizational call depending on the situation, I think no legal guidelines exist to handle such situation.
Ravindran
General Manager - HR
9811894144
From India, New Delhi
The accident took place in November prior to the limit enhancement which happened in Jan17, under these circumstance ESCI will not entertain such incidences.
Since it is not an industrial accident or mis-happening the compensation possibilities does not arise and it is considered as his personal health problem. It depends on the organization to help the employee on humanitarian background he can be shifted to some other lighter job which may allow under his current health conditions.
Purely an organizational call depending on the situation, I think no legal guidelines exist to handle such situation.
Ravindran
General Manager - HR
9811894144
From India, New Delhi
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