Legal Question in Employment Law in India

24.01.2016

Dear Sir / Madam,

If the employee is just sitting idle in the factory and getting paid salary, he is bound to behave in this manner feeling depressed and depraved. You should ensure that he / she is fully occupied with doing some other work in the factory like packaging, which can be easily done despite his disability. Be considerate and sympathetic and patiently discuss the matter with the worker and ascertain his / her difficulty and try to help the person in the best possible way.

Regards,

Compensation for workers in India varies depending on the size of the company.

1) If the business employees more than 20 employees, the Employees� State Insurance Act, 1948 applies. Under this act, employees and the company pay toward an insurance benefit in case of injury. When a workplace injury occurs, the injured employee is able to avail of both medical and financial support.

2) If the business employs less than 20 people, the company must refer to the Workmen�s Compensation Act, 1923. This act outlines methods for providing compensation to employees injured on the job. The Workmen�s Compensation Act (WCA) is particularly pertinent to small office places and small-scale manufacturing operations.

3) Although assessing whether the employee was injured while performing work duties can be difficult, the definition for �disabled� is quite clear. Under the WCA, there are four types of disability, which are compensated in different methods. The four categories of disability are death, permanent total disability, permanent partial disability and temporary disability.

4) When an employee has sustained an injury that renders them unable to perform their role at the same capacity for the rest of their career, the employee is entitled to permanent partial disablement compensation.

For partial permanent disability, compensation is dependent upon the nature of the injury and the employee�s loss of earning capacity. The WCA includes a schedule of possible permanent disability injuries and lists the loss of earning capacity. For example, an arm amputated at the shoulder is assessed as a 90 percent loss of earning capacity, while the loss of an entire index finger is considered a 14 percent loss of earning capacity.

In cases that the worker�s injury is not included in the given schedule, employers must provide a medical doctor to perform an evaluation of the injured employee and calculate the loss of earning capacity. The compensation for the injured worker is then established based on the percent of lost earning capacity multiplied by the monthly wage multiplied by a factor based on the employee�s potential future earnings.

5)Temporary Disability

Employees that sustain injuries that render them disabled, permanently or partially, for a temporary period are compensated through temporary disability.

In cases of temporary disability, an injured worker will be paid 25 percent of their salary every two weeks, making monthly compensation fifty percent of total earned wages. In cases of temporary injury, a medical doctor is required to examine the injured employee and determine necessary leave. A worker on temporary disability leave must undergo a physical examination twice in the month following the injury, and once during the following months if they are still claiming disability.

In all cases, it is the employer�s duty to ensure the worker can receive these medical evaluations without incurring personal expenses.

6) As he lost one half of index finger the disability may be less than 10 percent loss of earning capacity under permanent partial disability to be certified by the Government Medical Board constituted for the purpose.

7) U should not keep him idle and pay the salary rather engage him in such a work that the disability does not come in the way of his performance of duty.

8) The jurisdiction, the nature of company, whether the workman is covered by which local etc. are not clear. Discuss with a local Labor law expert advocate and decide as his advice.