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Injury caused inside company premises how to claim medical expenses?


28-Jan-2023 (In Labour & Service Law)

On 30.9.15 a false ceiling slab fell on my son's head while he was sitting in his office. Due to this he has developed serious pain in his head. Earlier he had suffered psychotic attacks due to an incident in the same company. At the time of getting injured he was, however, normal. After that he has suffered relapse of the psychotic disorder and has not been able to attend work. When I wrote to his company for salary, they are denying it. They are insisting on tests at a particular place. Please suggest whether he can relief under the Law.

Answers (3)

Answer #1
531 votes
If you're an employees/worker and earning Rs. 15,000/-or less( you must be registered under Employees' State Insurance Act, 1948 and will be entitled to medical treatment for themselves and their dependents. Company/management cannot deny to this.

And
If you're not a worker, then we can supply them with a legal Notice with a period of 1 month to comply with the same. ( to pay the insurance N salary), in case they do not comply, you can straight away file a case.

In order to succeed in an action against the company, we need to prove the negligence on the part of company i,e the victim must prove the
following three aspects:
a) The defended owed a duty of care to the victim (the plaintiff)
b) There has been a breach of duty, and
c) He has sustained an injury or damage as a result.
Answer #2
566 votes
Yes. The company is criminally as well as tortuously responsible. You can lodge a complaint for criminal negligence under section 336 IPC as well as claim compensation under the law of the land.The company can't force you to get yourself medically examined at a particular place of your choice.
Answer #3
702 votes
1. first sent lawyer legal notice to ur son company and claim medical expenses for injury caused to ur son.

2. if u get no response from said company then u can file case in labour court to get medical expenses from said company for injury caused to ur son in course of his duty.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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