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Shiv (xyz)     07 September 2013

Accident in company premise

Hello All,

 

i was involved in an accident during working hours in an MNC. and have undergone multiple surgeries therafter and multiple surgery to undergo in future. the company paid up for the surgery gone by but want to settle it out and not taking responsibility of my future needs medically. what are my options. what should be the compensation do i have any road ahead. Experts please comment and guide.

 

Thanks



Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     07 September 2013

what was nature of work and what was injury.

Shiv (xyz)     07 September 2013

Thanks for that quick response.. i work as s/w engineer, sustained injuries to my leg due to free fall of an elevator of 9 floors with complete dislocation of knee with blood clot needing bypass surgery and many reconstruction to be able to walk but with enormous pain as of now..

Kumar Doab (FIN)     07 September 2013

 

Obtain certificate for Disablement from o/o Civil Surgeon or authority as applicable at your location. Also ascertain if the disablement has reduced your capacity or has incapacitates you permanently from ‘work related to your skill, expertise and knowledge and similar to the kind of work you have been doing’ or has reduced the capacity or has incapacitated for time being and/or’ all kinds of work’………………………accordingly you would need to prepare and stake your claim with the help of your lawyer.

 

 

Your lawyer may advice to file case upon Elevator Company as well.

Such matter require seasoned negotiators by your side.

Any disablement or Incapacitation would affect the employee from getting similar work from current or any other employer.

Keep all original/certified copies of documents of accident, police report, FIR, injury, treatment with you and do not leave everything with company.

Obtain full detail of the insurance coverage provided in insurance policy acquired by employer.

You may also check the coverage and benefits in insurance coverage thru personal bank a/c, credit card, debit card, health insurance, personal accident insurance……………………etc

 

Do not leave your claim on similar or alternate employment with the same employer.

You may find the attachment useful, even if you are not  a workman and even if you are not seeking claim under WCA.


Attached File : 278632011 wcact (1).pdf downloaded: 59 times

Shiv (xyz)     07 September 2013

Thanks Kumar Doab for that answer i have done all the above and my company wants to settle this issue by paying me the more than the what WC act claims calculation since they are genuinely sorry about the entire episode the fact is that unfortunate accident happened in the leased building of a builder of good repute and which uses the elevator of another company. Can i go anything against these 2 parties without bringing in my employer who has helped in every possible way and i cannot disregard that. If yes What can i do what are necessary docs i need and if i'm approching someone what should i ask for as in what kind of case can be filed upon. Will it be in labour laws or consumer court.. 

The money presented to me is just not enough to undego future surgeries though they have done more there bit.

Kumar Doab (FIN)     07 September 2013

 

First thing First: approach your lawyer/law firm at once.

 

 

Approach trade unions, employee’s association, IC, guild, forums too.

Your lawyer and trade unions in your state would have all the answers.

It is time to look for your future and decide what should be sufficient for you than to let others decide what is sufficient for you.

 

If employer can not do sufficient then insurance company would come in the shoes of employer as if it is employer.

The question arises why you would let your employer out of picture?

Any disablement or Incapacitation would affect the employee from getting similar work from current or any other employer.

Do not leave your claim on similar or alternate employment with the same employer and do not resign.

It is felt that you are not consumer as far as builder and Elevator Company is concerned.

Your employer that has leased the building might be.

N any litigation or claim builder and elevator company should be involved.

If there is a annual maintenance contract, regular servicing, inspection required then that is to ensure safety of precious human life.

The passage in the building, elevator, stairs all lead to and to reach office/ of work/premises of your employer…………………………..

Your employer has to ensure safety of its employees and is accountable and responsible.

Responsibility of all future surgeries to treat the disorders you have suffered should be affixed on employer.

You should approach lawyer/law firm specializing in labor law/service matters and insurance claims.

In such cases we have seen that LIC has a policy to pay amounts till employee is recovered………………………..after active treatment and physiotherapy.

What is this establishment; Industrial or Commercial?

You are located in which state and redg. office of the company is in which state?

The software engineers are drilled to believe that they are not a workman which is not always true?

In your state to your establishments Standing Orders might be applicable.

You may go thru certified or model standing orders.

24.          ACCIDEINT AND MEDICAL AID: -

 

(i)   Whenever any workman meets with an accident he shall immediately report about the same to the departmental Head or to any other authority as may be appointed by the Management in this regard.

 

(ii)        Medical aid in case of Accident: - Where a workman meets with an accident in the course of or arising out of his employment the, employer shall at the employer’s expense, make satisfactory arrangements for immediate and necessary medical aid to the injured workman, and shall arrange for his further treatment, if considered necessary by the Doctor attending on him.  Whenever the workman is entitled for treatment and benefits-under Employment State Insurance Act-1948 or the Workman Compensation Act-1923 the Employer shall arrange for the treatment and compensation accordingly.

 

 

 


Attached File : 278677617 model%20standing%20orders.doc downloaded: 45 times
1 Like

Kumar Doab (FIN)     07 September 2013

Discuss with forums for IT employees and trade unions, labor officials  also.

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

 

https://www.wbitsa.org/

 

www.itpfindia.org/

 

CITU

AITUC

 

 


Attached File : 278677617 trade unions in karnataka.doc, 278677617 list of labor officials in banglore.doc, 278677617 union and it sector real-time-chap-03.pdf downloaded: 94 times

Kumar Doab (FIN)     07 September 2013

The state of Karnataka has ended the blanket exemption granted to IT companies from the provisions of standing orders.

All companies were advised to submit draft standing orders by Dec12 for certification by Mar13.

Thus standing orders apply to IT companies.

The trade unions, labor Officials, lawyer/law firm can guide you further.


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