kshitiz srivastava (Executive ) 15 August 2009

Regarding disability compensation.

My father met an accident during his job(he suffered from chemical burning as he works in chemical industry) and he lost his one eye. Initially company paid the amount for the tratement . They filed insurance claim under group insurence scheme offered by National insurance. Insurance company paid around 3.80 lakhs as compensation toward the disability but the cheque was drawn in favour of Companies Name. Management of company has deducted all the amount paid by them and the amount for non-working days as well and they paid us around 70 thousand . I want to know do we have any right to claim that amount, we are not very rich person and the company is a leading group of India. We are bit scared as they have the power of money..Can anyone help!!!

Reply Follow

5 Replies

A V Vishal (Advocate) 15 August 2009

It is absolutely illegal on the company's part to do that. Your father was injured and lost his eye permanently in course of his employment. You can approach the labour court and file a suit for compensation. You can approach a good lawyer locally for the case. Further, the company however big it may be but all are equal before law but the process may take time since it is a legal situation and you must have courage and patience to withstand the delay.

Sridharan Iyengar (Labour Law consultant) 15 August 2009

No one can give a right opinion on this unless you give some more details like

1. Whether he is a ESIC member

2.What is his designation

3.What is the nature of his work

4.What is his Salary.

5.What type of policy he was covered ( WC policy or 24 hrs accident policy etc )

Those who are covered under ESIC act will not be covered under the Workmen compensation act. In this case no claim of compensation under any law is not possible

Those who are not covered under ESI act and working in the capacity of a supervisor or manager , again he is not covered under Workmen compensation Act.

Please give me the details. I shall tell you what can be done / what can not be done.

Sridharan

damji h maheshwari (Advocate) 17 August 2009

As discussed above, if your father comes within the definition of "workman" under the Workmen's Compensation Act, 1923, then it is obligatory on the part of Employer to deposit the amount of compensation payable to your father within 30 days from the date of accident, before the Commissioner of Workmen's compensation (i.e. Labour Judge) and if the employer fails to deposit the claime amount when it becames due, he will be futher liable to pay the amount of penaly (Maximum upto 50 % of the compensation amount) and therefore it is advisable to contact advocate of your city and approach the Commissioner of Workmen's Compensation to recover the legible amount of compensation payable to your father.