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  • Category: Indian Law

    Need advice for maid who has got injured at our home


    Having a problem about maid getting injured at workplace? Find suggestions from experts here.

    I have an aggressive pet dog and we keep him tied up. We also have a Beware of Dog board at the front gate.
    Today our maid was cleaning the house and somehow our dog let himself free from the leash. Before we could catch him our maid ran and slipped from the staircase and got some injuries on her head. We took her to the hospital and did everything required and then we took her to a govt. hospital. But her family is asking for treatment in private hospital. Although her treatment was done in a private hospital but they are still demanding more money . Our dog caused no harm to her. We need some advice.
  • #140645
    If it is not much amount and if you can afford then please help as courtesy.
    If is compensation they are asking then immediately seek lawyer help. Since it is accidental then it is not your liability to pay compensation.

    Avi
    Life Is Beautiful

  • #140661
    I think this is complicated case. Due to lack of laws on the maid and the servants in our country. We are bound to give some money in such cases. Though you may consult with the nearby labor law office. And they may give some guidance to you. Do note that you're not liable to pay them off the record. Everything you pay needs to have some sort of receipt. Otherwise this sort of action is likely to go against you. So make sure next time you pay them. It's either for medical bill or some other expenses for health issue.

  • #140674
    Some points need to be clear.
    1. Did you pay her the salary for the full month even when she was not able to work , due to injury and treatment? That is needed as a normal human courtesy and a liability as the master or employer.
    2. Did you not take up the entire expense for treatment? It is normally expected of you because the injury happened at your home when she was on duty.

    If the answer for the above two is 'yes', then legally or technically you are not bound to compensate further. However, to be on safer side, get the discharge certificate from the hospital stating about the issue and stating that the patient is now fully cured and is able to take up all routine activities which she was doing before such injury.

    Keep the receipts, prescriptions etc. properly.

    If you feel that she was very good to you all these days, as your magnanimity and human kindness, you may give her one month salary as advance or gift. I do not think they may ask for more.

    If they insist on more then tell them that you do not want her service and pay one or two months salary and get rid of her. But make your moves very diplomatically of you suspect that they are trying to blackmail you and coerce you to pay more. Make your side clear by making your neighbours know about the treatment you gave and money you gave. Get signed receipts from the maid for anything you pay. Secretly record their talking to you as video clip or clear audio clip. You may tell them that you will give the money by crossed cheque or by direct credit to her account.

    However if they do not have any bad intention, but need money genuinely, then be lenient, you may help them partially as gift and partially as salary advance.

  • #140694
    The case appears to be sensible case and it is the only bad circumstances which led to the serious injury of the head of the maid. You being a sincere employer tried your level best to offer her medical treatment in a government hospital and later on the persuasion of the family members of the maid, her treatment continued in the private - hospital.
    As far as your intention is concerned, you had been sincere and stood beside her in the case of adversity but by judging the attitudes of the family members of the maid, it appears that you are being unnecessarily pressurised to release more funds as a compensation of her treatment. You need to preserve all the documents where there is total reflection of the expenditures you paid by the way of medical treatment and other related costs such as cost of medicines, fruits, consultation of the doctors etc and if possible record the mobile - conversations being made by the maids and their family - members. Such evidences would save you from being black mailed by the family - members of the maid.
    However, if your maid is having good intention and believes your honest dealings, you should help us as far as you can bear the same. In the long run, she would be highly be motivated in her jobs because of your intelligent dealings.

  • #140696
    How serious are her injuries? Is she still under treatment? Was a police complaint lodged – I mean did her family report the incident to the cops? What was it that you told the hospital where she was treated? Does the recorded statement at the hospital have anything that implicates you and can be used against you – showing negligence etcetera on your part?

    If the woman continues to be under treatment then you are duty-bound to pay for the same, irrespective of whether the injury was caused by the dog or not. If she was unable to work and lost out on her earnings because of her injuries then you need to compensate her. However, it looks like a case of blackmail, since you have mentioned having paid for the treatment. If she is fine and the family is trying to extort money from you then you need to report the matter to someone in authority, but before doing so, get hold of all the documents pertaining to her treatment.

    It is also advisable to speak to a lawyer and through him lodge a complaint of harassment or extortion or whatever he suggests. This provided you are certain that they are taking advantage of you and it is not a genuine case of them needing money for her treatment/inability to work. Warn them, before you lodge a complaint. Don't threaten, instead tell them since this is going nowhere you think it best to make an official case and let the law decide.

    "A love affair with knowledge will never end in heartbreak" - Michael Garrett Marino

  • #140714
    we have paid her for the recent month and have her complete treatment done including the ct scan and all the reorts were normal and we even gave them money for transportation and fruits . we have done everything as required . we have the payment reciept of hospitals and medicines too. is this much sufficient? we belong to a middle class family and we have done everything as our financial status .

  • #140853
    At present there is no policy which covers domestic workers. However Government is going to formulate a policy on this very soon.
    Anyway an accident of domestic worker in the premises of an employer is very embarrassing for the employer. It some times brings lot of financial and legal complexities.
    The best course in such cases is personal level negotiations and care and helping hand to the injured. There is no substitute for sympathetic behavior.
    It is advisable to avoid legal hassles in such cases and go for personal negotiations.

    Knowledge is power.


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