Dear All,
In a hospital, a nurse lost her vision due to a sudden burst of an oxygen cylinder. She is covered by ESI benefits. Is the employer liable for benefits to this employee as per the Workmen's Compensation Act? Please advise.
Victor
From India, Kottayam
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In a hospital, a nurse lost her vision due to a sudden burst of an oxygen cylinder. She is covered by ESI benefits. Is the employer liable for benefits to this employee as per the Workmen's Compensation Act? Please advise.
Victor
From India, Kottayam
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Dear Victor,
Mr. Nimesh has rightly stated that the employee who is covered under the ESI Act, 1948 is not entitled to receive any compensation under the W C Act, 1923 now known as Employee's Compensation Act, 1923. Section 53 of the Employees State Insurance Act, 1948 debarrs the insured employee to receiver any compensation under any other Law which may be read as under:
Sec. 53. Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
Regards,
R.N.Khola
http://www.skylarkassociates.com/
From India, Delhi
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422Mr. Nimesh has rightly stated that the employee who is covered under the ESI Act, 1948 is not entitled to receive any compensation under the W C Act, 1923 now known as Employee's Compensation Act, 1923. Section 53 of the Employees State Insurance Act, 1948 debarrs the insured employee to receiver any compensation under any other Law which may be read as under:
Sec. 53. Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
Regards,
R.N.Khola
http://www.skylarkassociates.com/
From India, Delhi
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Dear Sir,
Other than ESIC-covered employees, to whom the Workmen's Compensation Act is applicable, is there any salary limit for applicability? Or can it be applicable to all employees irrespective of a salary limit?
Regards,
From India, Delhi
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Other than ESIC-covered employees, to whom the Workmen's Compensation Act is applicable, is there any salary limit for applicability? Or can it be applicable to all employees irrespective of a salary limit?
Regards,
From India, Delhi
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Dear Member,
At present the maximum wages limit for calculation of compensation under the Employee's Compensation Act, 1923 is Rs. eight thousands while the wages is defined as under:
(m) “wages’ includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer an employee towards any pension or provident fund or a sum paid to an employee to cover any special expenses entailed on him by the nature of his employment;
Thus the limitation is only for calculation purposes otherwise there is no limitation for the persons who are covered under the definition of the employee.
Regards,
R.N.Khola
From India, Delhi
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At present the maximum wages limit for calculation of compensation under the Employee's Compensation Act, 1923 is Rs. eight thousands while the wages is defined as under:
(m) “wages’ includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer an employee towards any pension or provident fund or a sum paid to an employee to cover any special expenses entailed on him by the nature of his employment;
Thus the limitation is only for calculation purposes otherwise there is no limitation for the persons who are covered under the definition of the employee.
Regards,
R.N.Khola
From India, Delhi
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Dear Victor,
You have a very interesting question and incident. Since you have received the correct reply to your question, I will not go into it. As I have taken up a study on the safety of hospital workers, could you please provide more details of the incident such as when and where it happened, the name, age, and other details of the victim, whether there was a loss in both eyes or just one, and whether the vision loss is total or partial? Additionally, in which state did this incident occur? In Gujarat, the ESI Act is not applicable to private nursing homes. Could you clarify the state where this incident took place? I also kindly request other readers to share information on accidents similar to this if they come across any.
Thank you.
From India, Coimbatore
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You have a very interesting question and incident. Since you have received the correct reply to your question, I will not go into it. As I have taken up a study on the safety of hospital workers, could you please provide more details of the incident such as when and where it happened, the name, age, and other details of the victim, whether there was a loss in both eyes or just one, and whether the vision loss is total or partial? Additionally, in which state did this incident occur? In Gujarat, the ESI Act is not applicable to private nursing homes. Could you clarify the state where this incident took place? I also kindly request other readers to share information on accidents similar to this if they come across any.
Thank you.
From India, Coimbatore
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Since she is covered under the ESI Scheme, she will not be entitled to nor would the employer be liable for compensation under the Workman’s Compensation Act. Vasant Nair
From India, Mumbai
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From India, Mumbai
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Dear BTRC,
She is 27 years old with a salary of $7880.00. The incident occurred when she was about to open/manage an oxygen cylinder for official purposes due to the absence of the operator. As a result, her right eye has been permanently lost. The incident took place on the 23rd of July 2010, a Friday, around 10:00 PM, precisely at 9:53 PM.
She is from Kerala, and the name of the hospital where she received treatment cannot be disclosed due to technical reasons.
Thank you.
From India, Kottayam
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She is 27 years old with a salary of $7880.00. The incident occurred when she was about to open/manage an oxygen cylinder for official purposes due to the absence of the operator. As a result, her right eye has been permanently lost. The incident took place on the 23rd of July 2010, a Friday, around 10:00 PM, precisely at 9:53 PM.
She is from Kerala, and the name of the hospital where she received treatment cannot be disclosed due to technical reasons.
Thank you.
From India, Kottayam
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Dear All,
According to the Employee's Compensation Act of 1923, the compensation part is okay as per the formulas for industrial accidents. Furthermore, is an injured employee eligible for any other compensation, such as special leaves for the period of treatment, reimbursement of hospitalization expenses, etc.? Additionally, can an injured employee avail of eligible leaves like CLs, ELs, or SLs? Should the attendance of the injured person be maintained as loss of pay days for the period of treatment?
Regards,
Venkat
From India, Bangalore
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According to the Employee's Compensation Act of 1923, the compensation part is okay as per the formulas for industrial accidents. Furthermore, is an injured employee eligible for any other compensation, such as special leaves for the period of treatment, reimbursement of hospitalization expenses, etc.? Additionally, can an injured employee avail of eligible leaves like CLs, ELs, or SLs? Should the attendance of the injured person be maintained as loss of pay days for the period of treatment?
Regards,
Venkat
From India, Bangalore
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Dear Victor,
Thank you so much for the information. This is very useful. If in case the victim needs any help to deal with the compensation issue, we will be glad to help out with the right advice, which we provide for free. If she is not happy with the decision of the Medical Board, either on the amount of the compensation or its applicability, she has the right to approach the Medical Appeal Tribunal constituted under the ESI Act.
From India, Coimbatore
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Thank you so much for the information. This is very useful. If in case the victim needs any help to deal with the compensation issue, we will be glad to help out with the right advice, which we provide for free. If she is not happy with the decision of the Medical Board, either on the amount of the compensation or its applicability, she has the right to approach the Medical Appeal Tribunal constituted under the ESI Act.
From India, Coimbatore
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Dear Victor,
As a safety professional, more questions have come to my mind regarding the incident you narrated. I would be highly obliged if you could help me gather more information for my questions:
1. What caused the eye injury? Was it a splash of oxygen released from the cylinder, a splinter from the cylinder, or the tools she used to open the valve that injured the eye?
2. Did the cylinder burst, or did the valve assembly come off from the cylinder threads while the cylinder remained intact?
3. How quickly did she receive first aid treatment? Was she admitted to the same hospital for treatment?
Thank you in anticipation.
From India, Coimbatore
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As a safety professional, more questions have come to my mind regarding the incident you narrated. I would be highly obliged if you could help me gather more information for my questions:
1. What caused the eye injury? Was it a splash of oxygen released from the cylinder, a splinter from the cylinder, or the tools she used to open the valve that injured the eye?
2. Did the cylinder burst, or did the valve assembly come off from the cylinder threads while the cylinder remained intact?
3. How quickly did she receive first aid treatment? Was she admitted to the same hospital for treatment?
Thank you in anticipation.
From India, Coimbatore
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