Compansation & claims after loosing of right hand
VIJAY
(Querist) 27 June 2016
This query is : Resolved
Hello there,
My father was working in a factory & accidentally he lost his right hand while working on machine. The e'er paid for the treatment done in pvt. hospital & now we are looking for esi pension but it will take approx 6 month or more as advised by a doctor at basaidarapur hospital.
Now, the point is e'er is saying for the payment towards compensation approx. 2 lac. & also he is saying the he will keep continue my father's job in his company as soon he will get well.
at the time of incidence we did not call the police or put fir but the police was called from e'er side.
but we are in afraid that there is nothing in written and it's been 2 month almost & my father has not received any compensation.
E'er is saying that he will pay in 2-3 days and so on.... Actually the case has been transferred to TISHAJARI court & there has not been judgement till now but we did not file any sue, or case against the e'er.
now what shall we do???
we should wait for the judgement? we should believe the e'er? we should make any case or go to police stn.??
and one more thing what shall be the total compensation in this case?
my father was working there for 25 years.
please help anybody.
Kumar Doab
(Expert) 27 June 2016
You can obtain the documents with police thru RTI and certified copies from court.
Have you engaged an able counsel specializing in Labor-service Matters?
Has the employer intimated O/o labor Commissioner, ESIC?
Is there any employee's/Trade Union and is it involved?
What case is filed in court?
VIJAY
(Querist) 27 June 2016
no, till now we have not engaged any specialist regarding this.
yes, e'er intimated the esic commissioner, the machine was sealed but open after 2-3 days.
no union is there.
as per my knowledge police is going thru sec. 164 of ipc.
Kirti Kar Tripathi
(Expert) 27 June 2016
from the query, it appears that your father was covered under the provisions of ESI Act, thus he is entitled for compensation from EST. Furnishing of accident report is the obligation of employer under the Factories Act ans also in ESI Act. In case. no such report is furnished, an employee can not be denied from his legitimate claims. It is better to approch ESI for compensation
H. S. Thukral
(Expert) 27 June 2016
Your father is entitled to compensation under the employees compensation act. You have to file a claim through your father before the Commissioner, workmen compensation Act, who usually is dy labour commissioner designate. the amount of compensation depends upon age of your father and loss of earning capacity. Usually Trade Unions or some advocates come forward to take cases of such injured person on commission basis. I will however advise you to hire a good advocate to take care of your interest honestly. Though it is either the employer or the the insurer ( in this case ESI) who would pay but you file the claim against employer, impleading ESIC as well.
Kumar Doab
(Expert) 27 June 2016
Post query in full letters and avoid SMS/Whatsapp language.
You can benefit from the advise of experts.
What statement/confession is made in court and by whom?
Engage a very able counsel to defend your interest.
Reduce all committements/promises in writing.
Vijayarajan
(Expert) 28 June 2016
It is the duty of the employer ( Occupier) to report the accident under the Factories Act 1948. He might have done it. Since the establishment is covered by the ESI Act, the employee compensation Act will not apply. The compensation is to be claimed under the ESI Act only. The Labour Commissioner and the Commissioner for workmen's compensation has no role in this case. You may approach the ESI authority with the hospital records.
Vijayarajan
(Expert) 28 June 2016
It is the duty of the employer ( Occupier) to report the accident under the Factories Act 1948. He might have done it. Since the establishment is covered by the ESI Act, the employee compensation Act will not apply. The compensation is to be claimed under the ESI Act only. The Labour Commissioner and the Commissioner for workmen's compensation has no role in this case. You may approach the ESI authority with the hospital records.
