• Compensation for injury sustained on job

I am an executive in a tea garden in Assam. Last year I was hit by a tractor while on duty. I suffered multiple fractures on my left leg, the treatment for which is still ongoing. The driver of the tractor had a licence for only LMV. My company has been taking care of my treatment and paying me full salary till date. However the tea garden I am currently posted in is being dis-invested by the company. the company is paying a compensation to all the executives in the garden and the company buying the garden will continue to employ the executives. But in my case the new company has said that they will not be retaining my services as I will not be able to rejoin work for atleast another 6 months. My company has offered me compensation at par with the other executives and said that they will pay for my treatment till 31st March 2019. 
I feel like I am being short-handed and cheated. I would be grateful to know what are my options.
Asked 4 years ago in Labour

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5 Answers

Firstly, Sir, take good care of yourself.

Secondly, with regard to the feel cheated or not, we have to look into the terms and conditions of the employment.

Thirdly, in fact you are lucky who is getting paid by the private employer otherwise it is very rare to see apart from the companies who have medical cover for their employees.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

please move a writ petition in the High Court for compensation for loss of service due to accident on duty and the court will decide compensation amount based on your expected working life depending upon your medical conditions and future medical conditions to take up the job similar to your current job.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir since you are getting compensation over and above workman compensation Act you cannot ask the new company to reinstate you then also you can file a compliant before the labour court seeking reinstatement as you are loosing opportunity because of the accident but since new company is taking over and there is no agreement to reinstate the employees there is bleak chance you can still try.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Have your filed FIR,if yes than under motor accident claim , you can seek compensation from the insurance company of involved vehicle. Driver Holding LMV Licence Can Drive Transport Vehicle Of Such Class Without Any Endorsement.

“Gross vehicle weight” does not exceed 7,500 kg, would be a “light motor vehicle” and also motor car or tractor or a road roller, “unladen weight” of which does not exceed 7,500 kg and holder of a license to drive the class of “light motor vehicle”...

Or under workmen compensation act against the employer as injury suffered in the course of employment.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a claim for compensation for the accident that took place during the course of your employment, if the FIR has been registered then you may approach the labour commissioner with an application seeking compensation against the company for the accident and disability thereon

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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