Taran Saini 19 May 2021
P. Venu (Advocate) 19 May 2021
You have not posted the material facts relating to the brain haemorrhage/ accident. What is the status of your employment?
T. Kalaiselvan, Advocate (Advocate) 19 May 2021
In order to demand compensation from an employer, an employee must substantiate that those personal injuries have been resulted out of an accident while executing his indispensable duties. The term accident also has not been made clear under the Act.
When the principle of vicarious liability is applied, the employer is liable to pay compensation irrespective of employee's negligence. ... An employer becomes liable when employees have sustained injuries by any accident or unavoidable situations during the course of employment.
In any employment laid out in Half B of Schedule III, contracts any illness specified therein as an occupational illness peculiar to that employment, it shall be deemed to be an harm accidentally arising out of or in the middle of the employment, making the employer liable to pay compensation
Therefore you may resort to legal action by first making a demand for reimbursing the hospital bills through a representation given in writing to the employer, if he is not responding or complying with the demand made, you may issue a legal demand notice followed up by appropriate legal action
Dr J C Vashista (Advocate) 20 May 2021
How did you met with accident i.e., motor vehicle accident, rail accident, ship accident and/ or air accident ?
Did you lodge any FIR and police started investigation ?
Any MLC has been conducted by attending doctor ?
How did you infer / substantiate that the accident has resulted in brain rummage ?
You intend to file accident claim or claim from employer ?
It would be better to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding.
Taran Saini 20 May 2021