Accident while on duty
Amit Pradhan
(Querist) 18 October 2011
This query is : Resolved
Myself Amit Pradhan worked as Business Development Manager in Era Infra Engineering Limited till 16th September 2011. I met with an accident on 23rd August 2011 while going to attend a tender opening call on official duty. My right hand got broken in that accident and I went under an operation in which I spent a huge amount but company is not ready to pay any amount moreover doctor advised me to take complete rest for 3 weeks but I was forced to join duties after 2 weeks as I was not having any leaves with me. They were having an insurrance which got expired on 15th August and not get renewed for which we use to pay so called half of the premium or same but when I required it, it was of no use, I want to ask few questions regarding that:
1. Is there an policy by which I can get my medical expenditures reimburssed?
2. Can I file a suit against my ex-employer for the compensation as they are not replying me back for my mails.
3. What will be the procedure and how much compensation can be asked as I spent money by taking loans from my friends.
Regards,
Amit Pradhan
Raj Kumar Makkad
(Expert) 18 October 2011
1. Yes. You can file your claim petition with Commissioner Workman Compensation Act wherein not only you shall be entitled for the medical reimbursement of your bills but also all losses you suffered including payment against your leave period and compensation for future.
2. Reply has already been given above.
3. You engage a lawyer dealing with labour cases of the area wherein you were ordinarily working and file a claim petition. Amount of claim petition depends upon various factors like your wages, your expenses, your percentage of disability, your length of treatment etc.
prabhakar singh
(Expert) 19 October 2011
I have no otherview than those of MR. makkad
Amit Pradhan
(Querist) 19 October 2011
Dear Sirs,
First of all thanks a lot for your valuable reply.
Secondly, can anyone suggest the name of lawyers who may file a suit on my behalf but works on commission basis, i.e. may charge a fees once the case is get closed.
Regards,
Amit Pradhan
ajay sethi
(Expert) 19 October 2011
lawyers cannot charge on commission basis in india .
after case is disposed of the clients vanish while lawyers are left twiddling their thumbs .
lawyer will charge you on per date basis . in addtion charges will be for preparation of reply , written submissions etc
Amit Pradhan
(Querist) 24 October 2011
Dear Sir,
The company is registered in Delhi, but I was working in there NOIDA office and living in Ghaziabad. So, please suggest where to file the suit.
K.S.Srinivas
(Expert) 28 October 2011
I agree with the view of Expert : raj kumar makkad