claim of compensation
N.J. MISHRA
(Querist) 03 March 2011
This query is : Resolved
please member suggest me.
our company has employed a seafarer for the ship of honkong flag during the course of his employment he suffered stroke and due to this his entire right hand got paralysed. as per W.C. Act, stroke is not included in schedule list of injury or diseases. as per doctor it is the case of parmanent partial disability and has assessed 90% loss of earning capacity. the ship on which the seafarer was employed belongs tp hongkong flag, therefore a separet agreement was executed under Honkong Employee's Compensation Ordinance, as per the ordinance, stroke is not included in the schedule list of injury, but doctor has assessed it as 80% loss of earning capacity on the ground of loss of arm at shoulder, whther the employee is liable for compensation.
Ajay Bansal
(Expert) 03 March 2011
The employee is not entitled to get any compensation in W.C. Court as said dtroke is not an injury.
Ajay Bansal
(Expert) 03 March 2011
The employee is not entitled to get any compensation in W.C. Court as said stroke is not an injury.
N.J. MISHRA
(Querist) 03 March 2011
if the employee approach to the court and take a stand that due to hypertension he got stroke, then how we can defend ourself
H. S. Thukral
(Expert) 03 March 2011
where an employee in the course of his work is exposed to excessive heat coming from a boiler and becomes exhausted or has to stand in icy cold water and sustains pneumonia or, having got overheated, is exposed to a draught resulting in pneumonia or sustains sub-acute rheumatism as a result of baling out of a flooded mine, or suffers a stroke due to stress and strain of hard work, his injuries have been held to be accidental.Courts have allowed compensation and insurance companies have been held liable to pay claims.
Guest
(Expert) 03 March 2011
Dear Nilesh,
It would be better if you thoroughly read the provisions of Section 3, as well as Schedule III of the W.C. Act pertaining to the Employer's Liability of Compensation and the list of diseases. Compensation also becomes due for diseases out of employment, not only injuries of body parts mentioned in the schedule. The aforesaid Section and Schedule II can provide you ample guidance in the matter, as you have not mentioned source causing disease/ permanent partial disability. Moreover, stroke does not mean attack only, that indicates disease and paralysis also.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Uma parameswaran
(Expert) 03 March 2011
Stroke is not a disease but it is a state of physical body. You have to prove that the cause of stroke is related to the work.
