Hi I would request our friends to provide update on medicolegal cases and precautions to be taken to avoid unnecessary litigation regards Thiagaraju
From India , Madras
Dear sir,

We had taken a contract for lifting waste. Thus the workers were engaged for a short period of less than a year for loading and unloading.

All the employees engaged are covered under ESI and payment has been made regularly, ESI cards have also been given to the employees.

The works started in June 2013 and in Aug 2013, one of the employees broke his leg, he was hospitalised and all expenses were borne by the employer in a private hospital which happens to be on the panel of ESIC also.. Later he was discharged from the hospital after treatment, he was told to go to ESIC and he even went to ESI hospital. Since the Employee worked for neary 45 days only, in this case ESI did not compensate for his wages loss, etc as it was told that minimum period of enrolment should be 90 days.

The employer paid approx. 50% of the amount of salary in cash for 4 months (from Aug to Nov) and took receipt also. This was till Nov end.

This employee did not report to work, now in March 2014 he is asking for compensation after more than 7 months of the mishap.

Please advise.

Thanks

From India, Mumbai

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