Jahanzeb Khan (Training Manager) 12 October 2012

Accident at factory gate while coming to office/factory

Dear Experts,

I need your advice in the following matter:

I met an accident where I was hit by a motorcyclist coming at very high speed while (I) taking a turn to enter the factory gate. It happened at a distance of 15-20 metres from the gate. I was picked up and sent to plant dispensary by the plant security and other personnels. I was diagonosed with a fracture in my ankle and recommended a miminum bed rest of 1 month.

Now the factory HR and safety department says as the accident happened outside the plant gate, I am not eligible for compensation of days lost during the treatment. Though through ESI my medical bills may be compensated.

My query is whether I can claim for the loss of pay for the duration I am on the bed for treatment and if claimable, then what is the percentage I can claim. Can I my full day pay for the days, I am on bed?

Thanks and regards,

zebmech

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3 Replies

Mrinal Madhav (Partner) 12 October 2012

Yes, you can. It will be considered on job accident.

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V. VASUDEVAN (LEGAL COUNSEL) 12 October 2012

You are entitled to compensation of pay for leave during your treatment, from the ESI as per their slab. This would be close your 2/3rd of earnings. The instant accident accident described by you is an accident arising in the court of employment and hence the Facotyr ought to have filed the report of accident with the ESI Authorities. You could file your claim with the ESI authorities, certified by the employer.

Vasudevan

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Jahanzeb Khan (Training Manager) 15 October 2012

Dear Mr. Vasudevan,

I submitted the points you mentioned to our safety inspector but he says that accident occured outside the gate hence will not be considered as factory accident. I conveyed this to my HOD, he says we will discuss this matter with the inspector once you have fully recovered. But his voice and tone lacked conviction, looks like he is not interested. Kindly, suggest what else to look in terms of facts and figures under law.

Regards,

Jahanzeb