Employee's Memory Loss After Accident: How Should We Handle This Delicate Situation?

Dear All,

I am facing a scenario at work. An employee met with an accident and has suffered a complete loss of memory. Being business-oriented, naturally, we cannot retain him in the company because he will be a liability for an unknown period of time. What actions can we take in this situation? I am seeking suggestions from all of you.

Thank you.

Before proceeding further, what is the prognosis from the doctors from a humane point of view? I hope you are not treating him as GIGO (Garbage In, Garbage Out). Also, look at his family situation. I hope you have taken his family into confidence.

Maybe you can put him on leave (without pay), hoping he recovers so he can rejoin the company. A known devil is better than an unknown angel.

Hi, Mr. Ramesh's suggestion sounds good. If you have a doctor's report indicating that this problem can't be treated and rectified, you can extend monetary benefits to his family as a humanitarian gesture and temporarily close his employment. However, if a medical miracle occurs and he becomes fit enough to work again, then you should definitely consider him for lateral entry.

Regards,
Veena

Hi Vidhi,

Though I am not from HR, I am also in line with Ramesh Bhashyam. If there is a problem, you should give him leave and some amount towards medical expenditure. This situation can happen to anyone, and your organization should deal with it in a humanitarian approach.

Regards,
S. Narasimhan

Hi,

All the above suggestions are correct. Paying compensation for his family, perhaps a certain amount and a percentage of his treatment, is important because memory loss is not a small thing. It is similar to how the government provides compensation in any incident.

I hope the employee gets well soon.

Also, look at all legal prospects regarding the same because you are doing more than okay, but 0.1 less could be harmful for you.

In this situation, a balanced approach is recommended—one that protects the interests of both the employer and the employee. You could explore developing some sort of Long-Term Illness Plan funded either by insurance cover or the company's own fund for such cases.

Example:

Time Frame
- 1st Six Months of Disability: 100% of Pay
- 2nd Six Months of Disability: 50% of Pay
- 3rd Six Months of Disability: No Pay

If the situation continues after the 3rd six months, the company can proceed with releasing him.

Regards,
Autumn Jane

Please review his past record, assess his commitment levels, and consider his family background, as that is always important. Above all, spend some sessions with him (if you can). Then, check with your Tech Team and even ask them to invest some time in helping him realize what he is capable of and what he used to be. We have proven that this approach works, as I encountered a similar incident with my own brother. We were able to guide him back on track, and now he is doing fantastic, thanks to the blessings of the almighty. He is fine now and back to work.

What I mean to convey here is that nothing is impossible. If you truly wish to achieve something in your professional and responsible life, take positive action in this situation. I understand there may not be a specific policy in place, but unless someone takes a proactive step towards such incidents, rules can be created and modified, as they are made by humans.

Wishing you all the best.

Regards,
Uday Kodati

Dear Vidhi, we can take this matter to our organization employees. We can compensate the employee monetarily and emotionally. We can proceed with some new ways like... rather than making compensation payments, we can arrange for payments for a psychological counselor. In this way, we can schedule counseling sessions with the help of his ex-colleagues and friends on a Sunday basis.

There are many other ways. You can take this thing as a challenge and let's prove that organizational culture is significant, and we are the best at it. I really appreciate the contributions of others.

Regards,
Ketan Kokil
Sales Trainer-Head-MP CG Training Dept Indore

Subject: Employee Memory Loss in Accident

Regarding the employee who lost memory in an accident, it is essential for them to undergo neuro-psychological tests, specifically memory tests. By taking these tests, the clinical psychologist will determine whether the memory loss is permanent or temporary. Additionally, these tests will reveal whether the employee's ability to learn new information is affected.

If the memory loss is temporary, the employee can benefit from a training program known as Memory Retraining. However, if the damage is permanent, the employer can make decisions based on the relevant rules and regulations governing the employment.

Thank you.

Regards,
Dr. N. Kumaraswamy
Professor in Clinical Psychology
School of Medicine
University Malaysia Sabha
Email: [Email Removed For Privacy Reasons]

If the person has been on the job for a period greater than 10 years, treat it as VRS and provide good compensation. Additionally, some medical expenses can be defrayed by the company.

Employee Treatment and Compensation

The best company is one that treats the employee as if he were the owner, depending on the financial resources available. Always remember, companies should keep in mind that what goes around will come back, and this act of goodwill will be returned by nature manyfold. However, if the company is not in good financial condition, then consider offering a job to his wife or child. Options are many if the will is there.

Legal Considerations

In these cases, the law is an asset. Is the employee not covered under ESI...

Hi,

First of all, I appreciate your concern for your employee. In my opinion, after understanding his financial and family background, we may consider offering a job to a family member if possible.

Thanks & regards,

Shila

I have had such an incident in my previous organization. What we did is that we (Management) said we would wait for one year for him to recover, and we paid him a salary for 12 months. We also informed his family that we would support them by paying a salary for one year, and after that, if the situation continues, we will relieve him from our organization and will not pay any salary thereafter. Also, we told him that whenever he regains consciousness, we will rehire him at an appropriate level at that time. Actually, he didn't recover after one year, and after paying a salary for 12 months, we relieved him from the company.

I have had such an incident in my previous organization. What we did is that we (management) said we would wait for one year for him to recover, and we paid him a salary for 12 months. We also informed his family that we would support them by paying a salary for one year, and after that, if the situation continued, we would relieve him from our organization and would not pay any salary thereafter. Also, we told him that whenever he regains consciousness, we would rehire him at an appropriate level at that time. Actually, he didn't recover after one year, and after paying a salary for 12 months, we relieved him from the company.

Dear Sir, the same case occurred in our company. Our driver met with an accident, lost his memory, and even lost his legs in the accident. To date, we have spent approximately Rs. 25 Lakhs; out of that amount, Rs. 20 Lakhs have been spent on operations and medical treatment, and the balance to help his family.

An individual cannot bear expenses like a company. Nobody (including the Statutory Auditor) will object to this type of help. This kind of assistance increases the morale of all employees.

Thanks / Regards,
MANIAR

Hi,

I'm really sorry for him and wish him a speedy recovery. I do agree with Uday Kodati and Autumn Jane. Here, rules do not play much of a role in this situation, but rules are made to break, if there are any rules that exist. It's a challenge for HR to justify both the employer and the employee.

Regards,
ys

Assessing Liability and Compensation for Workplace Accidents

Whether the accident occurred "IN THE COURSE OF EMPLOYMENT"? If you are liable to pay him as per the "Employee Compensation Act" or the company benefits, whichever is higher. You can provide the victim's family a "compensatory appointment" if your company has such a policy. Normally, a big company will have insured employees; arrange to get the compensation.

This is really a brainstorming situation. All suggestions made above are great and worth implementing. I want to add one more thing: see if there is any member in the family who can fill a suitable position in your organization. This would be a great help to the family.

Regards

Dear Vidhi18, This is my own experience. I am a Sri Lankan living and working in Sri Lanka. We have gone through a large episode of atrocities due to terrorism that disturbed civilian lives, and hopefully, it is over now. A decade ago, a fellow worker in my company got caught in a bomb explosion and was in a similar condition. Our management team had to make decisions with a clear focus on the future because it was certain that we would encounter similar situations in the future given the environment in Sri Lanka at that time.

We decided to review our decisions regarding this employee on a yearly basis to avoid hurting the sentiments of our staff. He was one of the longest-standing employees of the company, and we had to handle his case carefully. According to the doctors who treated him, there was a 40% chance for him to recover. Initially, he had a complete loss of memory.

As a company, we took measures to prepare for future situations by insuring all our staff. Over time, the staff's attitude gradually changed towards this situation, and it was a practical case for us to observe how the intensity of the impact was diminishing. By the second year, we established a fund for volunteer contributions, planning to support this employee for a maximum of five years as we couldn't sustain it indefinitely. This decision was not perceived harshly by the fellow employees, and to our surprise and joy, our friend recovered in the second year. He is now back in the fold, and the actions we took were never considered bad; in fact, they were appreciated not by all but by the majority.

I left this company a few years ago, but I know that the volunteer fund we created is still being continued by the staff and has been transformed into a benevolent fund. I believe it was a positive outcome from a challenging experience. Time often brings solutions that you may not be able to foresee as things unfold, but certainly as you progress.

I hope my experience can assist you in finding a solution to your own issue.

Regards,
Punya

Dear Vidhi,

There are many suggestions that may be helpful for you and your company, but you did not provide any information about your employee such as their designation, gross salary, etc.

If he is covered under the ESI Act, then he can receive a pension from the same department by filling out Form-12 (previously Form 16).

Thank you.

Best regards,
[Your Name]

Dear Vidhi,

There are many suggestions that may be helpful for you and your company, but you did not provide details about your employee's situation such as designation and gross salary. If your employee is covered under the ESI Act, they can receive a pension from the same department by filling up Form-12 (previously known as Form-16).

Thank you.

Hi Vidhi, as posted by one of our HR colleagues, did this occur during the course of duty or off duty? Take this into consideration.

Also, check his family and financial background and discuss with his family. If you have someone in his family who can be accommodated in the job until alternative arrangements are made, then go with it.

However, as a matter of precaution, if you are hiring someone from his family, have an agreement that he/she will be in employment only until this person has fully recovered. Once this person returns to full working capacity, then a decision will be made.

Business Perspective

Also, look at the accident from a business perspective. How valuable was his role in the organization? Was it an accident or sabotage by any of his rivals or your competitors? I don't want to sound like a detective, but there's no harm in exploring this angle! Also, try to work with him/his family to expedite his memory restoration. The sooner, the better.

Company Care and Policy Development

I believe the rest of the employees should, from this incident, understand that the company cares for them and their families until alternative arrangements are in place.

There are no hard and fast rules. You can use this case as an example, create new policies, and share them with us so that others can build on them. It's a continual improvement program and a work in progress.

Regards

Hello Ma'am. All the suggestions were very good. However, I would like to suggest that if you want the company's work to remain unaffected, you can consider employing any of his relatives (daughter or son) or wife after verifying their credentials. At the same time, provide them with a fixed amount as per the company's policies.

There are two perspectives to this situation: one from the employee/humane perspective and one from the organizational standpoint.

From an organizational standpoint, the employee can be sent for a detailed medical examination, and any decision to terminate his services can be based on this. Regardless of any actions based on the medical report, the organization should help the individual from a humane perspective, treating the employee as a member of its family and providing financial and moral support. The action plan should be dependent on the values of the organization. (I agree with Ketan Kokil).

It's a rare case, but it can happen anywhere. It has two dimensions: one is the human aspect, and the other is the company's liability concerning such individuals.

You can consider critical illness cover offered by some insurance companies at an extra premium to support him or provide counseling through psychiatrists to help him lead a normal life. However, the family's obligations need to be considered while providing such medical assistance.

Regards,
B. Dakshina Murty

It's a case of no charity! There are rules and an employment contract. Above all, empathy should be the watchword!

The employee is entitled to some compensation, and if the company permits, a suitable job for his spouse or one of his offspring (if willing and eligible).

You need not keep him as he will be a burden to the company because his contribution will be near zero, and the costs involved in carrying him will be more.

So, check the rules and the Workmen's Compensation Act and settle his ELs, Leave Salary, Gratuity, and other terminal benefits, and also the cost of treatment for a reasonable number of months because the injury leading to loss of memory was during the course of employment.

He can be retired or removed from the rolls on medical grounds, but it must be after following the procedure laid out in the law as well as within the ambit of the employment contract. In many reputed organizations, one of the family members is given a job on compassionate grounds, and if the spouse is qualified and unemployed, she may be preferred; otherwise, one of the children, if eligible and qualified, can be appointed. In case the spouse is not willing to take up the job or is already employed, one of the children can be given the opportunity. If the children are underage or still studying, a promise to give a job in writing can be given so that once the child completes studies, he or she may be given a job befitting the qualification and expected utility to the company.

If your company is a startup or not so reputable or big company, call the family members and explain to them the circumstances to dispense with his services and bargain for the terminal benefits amicably. There ends the matter.

But the Workmen's Compensation Act must be referred to first, and the employment contract should be referred to as well before making a decision.

'Fire' is a last resort (normally applied to people who have a negative track record), and you are quoting an accident in this case. Please rethink whether an 'accident' can be reasonably justified as a 'last resort.' According to me, it cannot.

Social responsibility lies with the company. If the company doesn't have policies to tackle such exigencies, it's better to establish them for such genuine cases. Think of the past, where the company might have benefited when he/she was fit and fine at work. If yes, he/she will not be a liability to the company.

Please don't forget Swami Vivekananda's words: "Arise, awake, stop not till the goal is reached." Please take this case as a challenge. All the best.

Firstly, I would like to know if your employees are insured under some mediclaim benefit. Generally, companies insure their employees under some mediclaim benefit. You can enroll the employee under that scheme; he will be on the rolls of the company but on leave without pay. He can claim the salary from the insurance office with your help. Otherwise, you can approach the management; maybe some special consideration can be given by placing him on rest and providing him with some part of his salary.

Sending prayers for him to get well soon!

All the participating members have offered wise suggestions.

Even you can consider a member (wife or son) of the said employee to be employed in the organization according to the qualifications and competency of the wife/son.

Dear Mr. Vidhi18, I do regret the situation the organization is facing. First of all, you have not mentioned the details of the accident, such as where it occurred—whether it was during duty hours or at home. If it happened while on duty, the legal implications should be thoroughly identified before any action is taken.

I feel sorry for the employee; the organization now perceives him as a liability when he becomes non-productive. I am unaware of the duration he has served in the organization. If he had contributed to the organization's growth, perhaps now the management could consider providing him with support or creating earning opportunities for one of his family members.

Employee Management Evolution

In today’s world, employee management has evolved from the traditional personnel management approach of treating employees as servants. It is now referred to as human resources, focusing on developing resources for mutual growth. Fortunately, there are still many organizations in India that view their employees as assets rather than liabilities. The saying goes, "Where there’s a will, there’s a way."

I sincerely pray to the Almighty that the employee will regain his memory soon and continue to contribute to the growth of your organization.

Regards,
Partha.

I hope your company has insurance (Medical & Accident Relief) for all your employees. This will take care of the medical costs to some extent. Like in our office, we all have coverage up to Rs. 1 Lakh fully paid by our company. Even though we are just a 15-member organization, we decided to have this.

Memory Loss Considerations

Coming to the memory loss: Usually, it is the short-term memory that is lost. People do not forget the language, education, etc., as it is stored in a different part of the memory. If this is the prognosis, then he should be able to pick up things in some time (you do not want to rush in). However, if the accident has left him with permanent brain damage (I sincerely hope it is not the case), then you might consider immediate financial assistance (based on your organization's capacity) and probably offer a job to his family member in your organization, based on his/her education/skill set. This should give the family some stability in terms of income.

I am not an expert in legal matters, so will not comment on it.

Regards,
KB

Hi Vidhi! Your posting of this question itself shows your concern and your "Humanity." I would like to know if your organization has some tie-ups with insurance companies or if your employees are covered under it. If this is the case, the insurance company can take care of medical expenses, and you can offer some compensation. Please note that the "Workmen's Compensation Act, 1923 & 1924" safeguards the interests of the employees. Paying no compensation is out of the question legally, socially, and morally.

We pray for the well-being of this employee.

Regards,
Smita Brahmachari

Such is the situation that calls for a humane angle to be put into the picture. What if we were in the position he is in right now? And look at his family, the ordeal they might be going through. We simply can't be inhuman and can't even think of getting rid of him whenever he is in need, especially considering the part of his life he devoted to the welfare of the organization.

Let Us Be Realistic and Think of the Following Solutions:

Create a fund for his speedy recovery or to take care of his family as per the requirements. All employees should contribute a minimum amount to the fund pool, but a significant part, say Rs. 5000, depending upon their earning capacity, barring supporting staff. However, they can also be made to contribute a small amount like Rs. 200 from their salaries.

After the money is collected from the employees, the same amount must be contributed by the organization. The total fund should be used "WISELY" to meet medical needs, and some part invested in a scheme so that his family gets recurring benefits. This way, things can be taken care of to a certain extent. In the meantime, let us hope that he recovers with these kind gestures acting as a balm on his traumas.

Best of luck. I would be happy to listen to the person concerned in this connection at [Email Removed For Privacy Reasons].

Hi Vidhi,

You must pay the employee some compensation considering the human factor. Also, if memory comes back, the same employee will be obliged and can prove to be a great asset for your company. Plus, it will create goodwill as well.

As a socially responsible corporation, please provide employment to his nearest family member.

M Rama Krishna
TQM & Business Excellence

Dear Vidhi,

I personally feel that you should take some steps for his treatment, and still, if the condition remains the same, you can consider hiring his son or daughter (if he or she is eligible) for any of the suitable positions in your company. This will not only help his family but will also be ethical on your part.

Thank you.

Types of Amnesia

There are two types of amnesia:

- Retrograde Amnesia - Most commonly caused by a blow to the head. In this case, the person does not remember what happened a few hours prior to the accident, as the brain did not have the chance to process the information.

- Anterograde Amnesia - Caused by damage to the brain area which 'stores' memory (hippocampus). Here, memory from the past seems intact, but memory of events occurring after the injury is impaired.

The brain does not store memories in one unified structure, as might be seen in a computer's hard disk drive. Instead, different types of memory are stored in different regions of the brain.

Long-Term Memory (LTM) Categories

LTM is typically divided into two major headings:

- Declarative Memory and Implicit Memory (or procedural memory).

Computer programs store information similarly with a separate data section and code section.

Declarative Memory

Declarative memory refers to all memories that are consciously available. These are encoded by the hippocampus, entorhinal cortex, and perirhinal cortex but consolidated and stored elsewhere. The precise location of storage is unknown, but the temporal cortex has been proposed as a likely candidate.

Declarative memory also has two major subdivisions:

- Episodic Memory - Refers to memory for specific events in time.
- Semantic Memory - Refers to knowledge about the external world, such as the function of a pencil.

Procedural Memory

Procedural memory refers to the use of objects or movements of the body, such as how exactly to use a pencil or ride a bicycle. This type of memory is encoded and probably stored by the cerebellum and the striatum.

There are various other categorizations of memory and types of memory that have captured research interest. Prospective memory (its complement: retrospective memory) is an example.

Emotional Memory

Emotional memory, the memory for events that evoke a particularly strong emotion, is another. Emotion and memory are domains that can involve both declarative and procedural memory processes. Emotional memories are consciously available but elicit a powerful, unconscious physiological reaction.

They also have a unique physiological pathway that involves strong connections from the amygdala into the prefrontal cortex, but much weaker connections running back from the prefrontal cortex to the amygdala.

Recovery from Brain Injury

The pace and extent of recovery from brain injury can vary considerably, even between patients with similar injuries. The majority of recovery from brain injuries occurs within the first six months to a year after trauma, but one study (Sbordone 1994) indicates that a patient's function following severe traumatic brain injury can occur for up to ten years post-injury. The pace of recovery and even the extent of recovery can be improved by proper physical and cognitive rehabilitation.

Levels of recovery are often measured in rehabilitation programs with the use of the Rancho Los Amigos Scale. Find the same attached herein.

Understand what kind of memory loss it is, then proceed.

Regards,

Octavious

First, give him and his family moral support rather than looking at any options at present. That does not mean you are not protecting the company's interest. By considering the length of service he has rendered for your company, give him some time and back him up with enough support and encouragement so that he can emerge stronger and regain his original form. I hope this will boost his morale, and he will definitely return to normal. If he comes to know that he may lose his job, it could worsen the situation. After giving enough time to recover, if there is still an issue, then you need to look for a permanent solution that is reasonable for both the company and the employee.

Regards,
Srinivas
Project Manager

Initially, grant him sick leave, review after 3 months with 50% pay for the next 3 months. Review after 9 months and give him some compensation and separate him on medical grounds.

I am extremely sorry to hear about the plight of the employee. I believe that everyone has raised valid points. In this case, the company must acknowledge some social obligations and take steps to protect the employee and his family.

1. Just explore the possibilities of contributions from other employees until he recovers. I have observed this practice in many companies.

2. I am not entirely sure if this employee is covered under any insurance scheme. If he is not covered, then this incident should serve as an eye-opener for any potential future incidents.

3. You can also consider the option of offering his job to a family member, such as his spouse or children, until he recovers.

I will get back to you if I come up with more ideas, and I wish your employee a speedy recovery.

Warm Regards,
Girimaji

Dear Vidhi, please find out if you can offer employment to any of his family members based on their abilities in your company. This will provide financial support to the employee during their recovery period. All other suggestions sound good; you can explore any one of them. If someone from the family can be offered a job, you can put the employment of the patient on suspension, like leave without pay. If the patient recovers, you can reinstate their position in the future.

Regards,
S K Nain
Head HR
Stelmec Ltd

Dear Vidhi, it is very sad, and I hope for his recovery. Please seek medical advice first regarding his present state and recovery time. If he is still under treatment, then he should be given full wages, provided he is not covered under ESIC. Secondly, if he has recovered from the accident and is able to work as a normal person, then you should rehire him. He has lost his memory, not his health. He can restart his normal life.

Regards,
Rakesh

[QUOTE=Vidhi18;1082548]Dear All,

I am facing a scenario at work. An employee met with an accident and has had a complete loss of memory. Being business-oriented, naturally, we cannot keep him in the company because he will be a liability for an unknown time period. What can we do? I am calling for suggestions.

Dear Vidhi,

We have to assess the seniority of the employee, consider his contributions to the organization, seek advice from specialists on his recoverability, and then make a holistic decision. Some suggestions have also been made regarding the compensation package amount, so your company can decide.

Regards,
SC Narang

Dear Vidhi,

What Ramesh and Rakesh said is right because we have to look from both employees' and employers' sides.

Go for one or two days' salary contribution from employees and an equal amount of contribution from the employer for immediate financial support. Offer employment to his close dependents as an option.

Forming a Benevolent Fund

You can consider forming a Benevolent Fund with a fixed monthly contribution from employees based on their grade and pay. Additionally, include an equal contribution from the employer. This fund can be utilized for member illness, treatment, compensation for disabilities, etc.

You will need to prepare the entire proposal, execute it, and seek approval from Management to address future challenges.

Regards,
Suresh Kumar

Dear Vidhi, I appreciate the contributions of others, but one thing was not stated in the presentation, and that is: did the accident occur in the course of performing his official duties or otherwise? However it is, it is an eye-opener towards preparing for these extreme cases.

I would like to state that if it occurs during his official duties, the company has the moral duty of taking full charge of the bills in accordance with the relevant company welfare/health schemes. If, in the end, with doctors' advice, the employee shall be duly compensated taking into consideration all other variables mentioned by others above.

Regards, Olufemi Ajayi
Abuja, Nigeria

Hi Vidhi, Many of our HR friends and professionals have given very good opinions. Please check whether the employee is covered under ESI, Mediclaim Policy, GPA, etc., and also check his family background. If doctors certify that memory recovery is not possible, then we have to consider humanitarian grounds and his financial position. You may discuss with the management to offer any job to his family member and see compensation benefits to be paid. Whatever benefits are to be given to him, visit his house personally and provide moral support to his family members. With the permission of management, you may appeal to all staff members for contributions of money, and whatever money is collected, you can hand over to his family members.

Good luck,
V. Venkatesh