Employee compensation
7 months ago
A employee cut off his half of left hands little finger and ring finger by cutting machine.
We have sent a worker to do carpentry work which doesnt require machine handles. Due to his age factor, we have not allowed him to handle machines. While the co worker is away from workplace, he has taken machine and handled it without safety and cuts off his fingers. He has filed a case on us. Also threatened us for the 5 lakhs compensation. Has sent lawyer notice for 10lakhs compensation.
How to handle this!
A.Dear Client,
Under Employees Compensation Act, 1923. an employee or worker who sustained injury out of an accident in the course of and arising out of employment or engagement that led to his death or wholly/partial disability is entitled to compensation from his employer as per the provision of the Act once it is reported to the employer. However, employees/workers who qualify for ESI compensation do not fall under the scope of the Employee's Compensation Act of 1923. because the employer is the one who must cover the cost. Schedule IV of the Employees Compensation Act defines relevant factors for the computation of compensation. Age is the completed years of age, of the workman or employee on the last birthday. The last birthday is the latest birthday of the workman which immediately preceding the due date of compensation liability. By considering various factors and legal requirements, a fair and just settlement can be reached ensuring proper and fair compensation for the injured worker/employee. If the injured worker files an application in prescribed form as per Sec,22(2) of the Act before the Commissioner, Employees Compensation, then you have to pay compensation as admissible under the Act including interest/penalty for delay in payment of compensation to an injured worker who becomes wholly or partially disabled for the injury sustained by him in an accident arising in the course of and out of employment.
Under Employees Compensation Act, 1923. an employee or worker who sustained injury out of an accident in the course of and arising out of employment or engagement that led to his death or wholly/partial disability is entitled to compensation from his employer as per the provision of the Act once it is reported to the employer. However, employees/workers who qualify for ESI compensation do not fall under the scope of the Employee's Compensation Act of 1923. because the employer is the one who must cover the cost. Schedule IV of the Employees Compensation Act defines relevant factors for the computation of compensation. Age is the completed years of age, of the workman or employee on the last birthday. The last birthday is the latest birthday of the workman which immediately preceding the due date of compensation liability. By considering various factors and legal requirements, a fair and just settlement can be reached ensuring proper and fair compensation for the injured worker/employee. If the injured worker files an application in prescribed form as per Sec,22(2) of the Act before the Commissioner, Employees Compensation, then you have to pay compensation as admissible under the Act including interest/penalty for delay in payment of compensation to an injured worker who becomes wholly or partially disabled for the injury sustained by him in an accident arising in the course of and out of employment.
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A.Dear client,
The legal notice needs to be replied within the expected time if not done so then it will be considered as beneficial for the person sending the legal notice.
The legal notice needs to be replied within the expected time if not done so then it will be considered as beneficial for the person sending the legal notice.
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