file application in CAT to direct company to reimburse your father bills
Medical expenses reimbursement
My father retired from a PSU. He and my mother are covered under health cover of the company but recently when my father was admitted for some medical emergency, the hospital which is empanneled with the company sent many reminders for payment of expenses but the company kept raising one query or the other example scanned image of medical card is not visible etc. Later my father was discharged from hospital and we ended up paying total hospital bill. Now when I am writing to company they are not entertaining my mails and not responding.Similarly when my mother had some medical emergency 2 yrs back they did not entertain her claim and we did not get any money from the company. In such a situation where my father is very old and we cannot go to the company office which is around 500 kms from our place what can the solution to get the money spent on father and mother medical treatment. All bills etc are available. Should we file a writ in some court or can it be taken up in consumer forum courts. Can there be any other way out?
Asked 5 years ago in Civil Law
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11 Answers
1. This is really unfortunate issue which your father or you have to face at this stage.
2. If their is rules on reimbursement of medical expenses the employer is bound to provide the same.
3. Since it is not doing it then only remedy is to explore legal recourse.
4. So engage an advocate and file a writ petition wherein seek interest as well along with amount already paid.
Is this medical cover is part of appointment/service or gratuitous or paid for it.
In first 2 situations, you can approach labor commissioner - if private employee and if govt than administrative tribunal.
Paid cover than consumer court.
Immediately file a case against the company for deficiency in service because they will now not listen you, tag the case of your mother with expenses in this case.
1. File all documents with the vigilance cell of the company and request for investigation and appropriate report.
2. ANY person can be delegated authority via a Power of Attorney by Father, for follow-up action in the matter.
3. This cannot be taken up in Consumer Court, for lack of lawful jurisdiction.
A writ petition should be filed against the company if it is a government company as writ petition can only be filed against the state.
Regards
Dear client
Your father have to file a petition Under Section 33 C (2) of Industrial dispute act against his employer and if can't contest he can authorize you or your lawyer to contest on his behalf in the Labour court of your district.
section 33C(2) States that
Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the
appropriate Government; 1[within a period not exceeding three months:
So this petition should be filed ASAP for claiming your fathers medical bill and for claiming mothers medical bill you can add ot into the same petition but it will difficult that court is going to allow her claim.
You have to Act Fast.
You need to file a civil suit against the company or you can file a consumer complaint against the mediclaim company making your company also a party to it
Approach Before CAT for reimburse Hospital bills.
Your father should first send a legal notice to the company explaining all the hardships he faced due to the company's negligent attitude and demand the entire expenses besides compensation for the hardships and mental turmoil he had top undergo due to the company's attitude.
After that he may file a case before consumer court seeking relief and remedy including compensation for mental agony.
- As per the information mentioned in the present query, makes it clear that your father and mother has been neglected by the company wherein it was the obligation on the company to reimburse the money and take care of future as to no more trouble for your parents.
- There is no need, in fact no jurisdiction of the consumer court to adjudicate the present case.
- You should file a civil suit before the civil court of law against the company for money reimbursement as well as future compliance of the medical facilities.
- And Writ won’t serve the purpose as if you wish to file he Writ then it should be filed in the city where the company is situated or its headquarter, but not at your place.