Taran Saini 19 May 2021

meet brain accident while on duty

dear team
myself have meet brain hamerage while returning from offical company tour on jan 20th 2021 and still going on for multiple sitting under neuro doctor till date.
need to know my rights as till date have spend around 17 lac as hospital bill from my pocket but yet haven't received any thing from company insurance.
will my job is safe and how can I ask company for finanical help.
company is paying me salary yet and myself totally on bed rest due to neurological surgery going on.
every sitting bills and hospital discharge summary is shared by me to my hr and team leader.
please guide further that what is positive and negative in my case as per Indian law.
even email has being dropped to hr from my spouse for the incident happened while returning from offical tour.
regards

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4 Replies

P. Venu (Advocate) 19 May 2021

You have not posted the material facts relating to the brain haemorrhage/ accident. What is the status of your employment?

T. Kalaiselvan, Advocate (Advocate) 19 May 2021

In order to demand compensation from an employer, an employee must substantiate that those personal injuries have been resulted out of an accident while executing his indispensable duties. The term accident also has not been made clear under the Act.

When the principle of vicarious liability is applied, the employer is liable to pay compensation irrespective of employee's negligence. ... An employer becomes liable when employees have sustained injuries by any accident or unavoidable situations during the course of employment.

In any employment laid out in Half B of Schedule III, contracts any illness specified therein as an occupational illness peculiar to that employment, it shall be deemed to be an harm accidentally arising out of or in the middle of the employment, making the employer liable to pay compensation

Therefore you may resort to legal action by first making a demand for reimbursing the hospital bills through a representation given in writing to the employer, if he is not responding or complying with the demand made, you may issue a legal demand notice followed up by appropriate legal action

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Dr J C Vashista (Advocate) 20 May 2021

How did you met with accident i.e., motor vehicle accident, rail accident, ship accident and/ or air accident ?

Did you lodge any FIR and police started investigation ?

Any MLC has been conducted by attending doctor ?

How did you infer / substantiate that the accident has resulted in brain rummage ?

You intend to file accident claim or claim from employer ?

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding.

Taran Saini 20 May 2021

thanks for all the replies. this incident happened due to raputure of my vein in brain while I was returning back from my offical company tour in company car. already mail all the legal reports of getting operated from hospital to hr and sales head. my concern are that is my job save and what value compensation ibcan get as it will help in clearing my debts that was taken from relative and friends for getting operate. also I don't have any history of this disease before and it was happened on field while on duty. please guide my mail is tsinghsaini@gmail.com we can connect at that too if you see any good prospective in the case.