Compensation for Accident in Office in Office hours.
Prabhat
(Querist) 20 July 2009
This query is : Resolved
Hi,
I am working in US based MNC in Bangalore.
I had an accident on 6th December '07 in office round about 6 PM.
Actually I was standing with my colleagues on a roughly 1 feet high platform.
Suddenly the slab broke and I fell down from ground floor to basement.
It was a major accident in terms of my physical injury.
I had pelvic fracture, shoulder fracture, shoulder dis-location and spine fracture and compression.
I am stll having back pain and waist
pain.
They had promised to reimburse the misc. expenses but now they are taking much time.
Can I file case for compensation for my pain, personal loss,professional loss and psychological trauma.
Regards
Prabhat
A V Vishal
(Expert) 20 July 2009
The details are insufficient Prabhat, kindly explain why were you standing on the high platform in the first place. In my opinion if you were injured in the course of the employment then you can claim compensation for the injury, furnish full details in sequential manner.
Prabhat
(Querist) 22 July 2009
Hi Vishal/Sarvesh,
Thanks for your reply.
Here I am giving you the brief details.
I was with office colleague and were standing in open area within the Office campus.Suddenly it started raining and all we rushed to take shelter.The platform on which I was standing is adjacently attached to the main building.
The building was not fully constructed but we didn't notice that the area is dangerous as there was no any sign of danger.
So just to take shelter I climbed on the platform which was hardly 1 feet.
There could be crack in the granite slab and it broke down.
My point is that the building was not safe and I became the victim.
Now I am having lower back pain and waist pain and also I can't stand more than 10 mins. I start feeling discomfort.
Please guide me...
A V Vishal
(Expert) 22 July 2009
Prabhat,
There is no scope of compensation under the workman's compensation act going by the details given by you, however, under the law of torts(civil wrongs) you can claim compensation from the civil contractor executing the works for negligence and also the owner of the building under the principle of strict liability.
Prabhat
(Querist) 22 July 2009
Hi Vishal,
Thanks for the reply.
one thing which I don't understand is that if the building premise was not safe then how come my company asked the employies to come to the office?
what about approval from the government to operate the unsafe building?
One more question I have in my mind----Is there any time limit for filing the case ?
Thanks,
Prabhat
A V Vishal
(Expert) 23 July 2009
Prabhat
It is difficult to answer Q1 of the query as to why the company asked its employees....., the company can answer it more aptly, The Q2 is to be answered by the builder since he has permitted the operation of the office without completion of the works and as for Q3 is concerned, I suggest you to contact a good local advocate and send a legal notice to all concerned and initiate legal action ASAP.
Prabhat
(Querist) 23 July 2009
Hi Vishal,
Thankyou very much for your kind help.
At the time of accident the company officials assured my parents/brother (since I was hospitalized and in bed) that after hospital expense would be reuimbursed by the company like travelling of my parents from my native place and medical expenses like visit to the doctor,cost of X-ray and MRI and physiotherapy expenses etc.
Now they are not responding after sending so many reminders I am now tired.
Can I claim these reuimbursements legally from the company ?
Thanks once again for helping me.
Thanks,
Prabhat
A V Vishal
(Expert) 23 July 2009
You can if these assurances were in writing, however if they are oral it is difficult to prove them in the court of law. However, much depends on the management policy of your company regarding reimbursements of medical expenses in such cases. I request to contact a good lawyer dealing in labour related matters and hope something works out favourably.
Prabhat
(Querist) 23 July 2009
Hi Vishal,
Can you refer any good labour lawyer in Bangalore who can win the case for compensation and medical expenses.
Is the lawyer's fees are also payable by the company ?
Regards,
Prabhat
A V Vishal
(Expert) 24 July 2009
Mr Sanjeev Desai, a member in this forum resides at Bangalore, his email and his mobile number is displayed on his profile, you can contact him and he can help you, refer him my name. About the lawyer's fee, it is an agreement between the client and the professional, you need to discuss that with the advocate itself.
V.V.RAMDAS
(Expert) 24 July 2009
Thanks a lot to Mr.Vishal as he has given a very good advise to Mr Prabhat. In fact this would be a case Tort and accordingly Prabhat has to file a suit before the civil court for compentation and damages.
Prabhat
(Querist) 30 July 2009
thanks
Prabhat
(Querist) 02 October 2009
Hi Vishal,
Who will be concerned party to file case?
I think that I can file case against my employer only.Am I correct ?
Can they do any harm to me in terms of employement if I file case on my company?
Regards,
Prabhat
Prabhat
(Querist) 11 October 2009
I am waiting for answer
Sarvesh Kumar Sharma Advocate
(Expert) 21 July 2009
