Is a domestic helper eligible for compensation for personal injury
In early December'14,our domestic help had an accidental slip and a minor dislocation for which we borne all costs of initial treatment and incidental costs.The same kept her out of work for about 2 weeks,during which we decided not to continue with her services as we didnt have any requirement,in any case.We also kept her actual dues(over and above the treatment costs as stated) ready for settlement from the effective day,however she came back threatening us with dire consequences if we didnt re-employ her.She was,at the time of her said injury,working in regular employment of a School,with all Medical(e.g.ESI)and retiral benefits.(She was doing our domestic help job after school-hours and without knowledge of her said School authority).As she never came to collect her dues,we stopped pursuing/reasoning with her.We also came to know that she had taken Voluntary retirement(grounds/reasons not known) meanwhile.Today we have received a notice from an advocate on behalf of our ex-domestic help asking for a compensation of Rs 3,66,000(basis/calculation logic not known) as damages.Obviously this is a mischievous attempt at extortion,she was neither a worker nor was there any record or proof of any formal payments-neither of any communication as per above(all are verbal,as it universally happens anywhere in India).My question is a compensation case at all sustainable against us,and if so,what would be the right legal forum/remedy?As such,she herself came back for resumption of duties and had requested us to suppress the whole episode to her employer(the school).Please advice.
Further,there was no loss to her earning/working ability due to the accidental fall and we had been categorically briefed by the treating Doctor that it was only a minor dislocation.Hence,my question is can she relate her planned Voluntary retirement from the School as a pretext for this false claim of compensation,i.e.saying the injury had caused her to leave her job and hence the obligation is on us to pay damages?If so,in our defence, can we also make the School a party?
Asked 2 years ago in Labour from Chennai, Tamil Nadu
Reply to the legal notice denying any liability to pay. She was gainfully employed hence another office of profit is not permitted. If she sufferred an injury, she cannot claim the amount from you. And you have already paid her treatment charges and she has got well after that. So let her file a case in court. She doesnt have a good case here.
1) Regardless of the eligibility of the ex domestic help to claim any damages from you you need to immediately reply to the legal notice through a lawyer denying your liability to compensate her.
2) Let her file a case of she chooses to do so.
As such her case has no leg to stand on its own as the accident has not caused serious damages or incapacitated her from further employment.
3) All that she can hold you liable for is the salary arrears and possibly a compensation for having discontinued her service without notice.
Reply to the notice that you do not owe anything to her..
You can give the details of expenses incurred on her treatment.
whatever the provisions of law she will have to file a claim petition and has to prove her claim.If she was not part of a registered domestic workers association and a registered member her right to claim is not maintainable.
If any dues please pay as she can make claims under minimum wages act as well as Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982
Domestic Workers Welfare and Social Security Act 2010 and if the Tamilnadu Government has made rules accordingly.
However the exaggerated amount asked cannot be justified , so deny the claims and reply to the notice through an Advocate
1. She was gainfully employed with the School as permanent employee for which she can not take up any other employment without the consent of her employer,
2. Reply to the said legal notice,
3. Deny, Refute and Dispute whatever have been alleged in the said notice,
4. Since her said accident has not incapacitated her, she is not entitled yo any compensation for disability.