Accidental injury at work-place
Beena Murkar
(Querist) 02 January 2015
This query is : Resolved
An individual in a small organization for more that one year. She gets her salary monthly by voucher. She wasn't given any contract to sign at the time of appointment. If she doesn't go to work for even one day, some amount of her salary is reduced.In November, she fell down the stairs while at work and suffered a fracture of the femur bone. The treatment required immediate surgery and three months of complete bed rest. Now, its been about a month and a half that she has been at home. My question is, is she entitled to any kind of funds for medical treatment from the organization she works for or at least her monthly salary or both.
Kumar Doab
(Expert) 02 January 2015
She is entitles fro wages till last day at work....................with salary slip/payslip/wage slip duly signed by both employer and employee, I .Card, appointment letter.....
If she is covered by ESIC (applicable to all employees drawing wages upto Rs.15000/pm) the employer has to provide ESIC card.............
She might be eligible for PF hence should get PF number and a/c slips/passbook....
She has suffered injury at workplace and employer should have reported it.......
She may seek support from Employee's/Trade unions and report to labor Inspector........
Rajendra K Goyal
(Expert) 03 January 2015
Whether she is having any proof of her employment and injury while at work?
She should claim the medical expenses.
prabhakar singh
(Expert) 03 January 2015
You are advised to refer section 3 of the workmen's compensation act.
Make demand from employer and on failure let her file the claim before the labor commissioner.
Beena Murkar
(Querist) 03 January 2015
Thanks a lot... I'll let you all know how things are looking soon.
Dr J C Vashista
(Expert) 03 January 2015
I agree with experts, she is entitled for compensation under the provisions of "Workman Compensation Act" through Commissioner Workman Compensation.
T. Kalaiselvan, Advocate
(Expert) 05 January 2015
First of all ask her to issue legal notice demanding the compensation due to the accident which occurred during her course of employment. Then proceed with workman compensation case through Labour commissioner.
malipeddi jaggarao
(Expert) 09 January 2015
In what way you are concerned with the query? What does the organization say about medical expenses? As she is engaged on daily voucher basis, I do not think that the organization cover her under ESI. No contract, No appointment letter, what claim she can expect except the aid that is to be provided by any employer on humanitarian grounds? That is the reason why I am asking in what way you are concerned? Let her represent the organization for medical expenses and see the response, instead of prompting litigation.
