NAGPUR: The Uttam Galva incident has raised questions over compensating workers who are left disfigured after mishaps, but may not be rendered disabled.
The accident at Uttam Galva’s plant in Wardha had left 38 workers cleaning a blast furnace wounded with burns. Out these, two have died and 18 are undergoing treatment.
Experts say severe burns can leave scars on the skin leading to permanent superficial disfigurement. These can be scars on face or other parts of the body. It can be a cause of psychological trauma and social embarrassment for the victim.
As investigated by TOI, under the present system, there are no clear guidelines on compensating such workers either through lump sum amount or disability pension. A payout happens only in case of death or physical disability.
The workers have to directly negotiate with the employer. It has been learnt that Uttam Galva has paid an amount ranging up to Rs1 lakh depending on the degree of burns as ex gratia to the workers. The company is also bearing the treatment cost.
There was no response from the company to TOI’s query whether it has a policy for compensating the workers for the trauma that may be there due to cosmetic disfigurement, no matter if it is not termed as disability. The management of Uttam Galva has recently come under Nithya Capital, through an NCLT bidding process. TOI had sent its query to Nithya Capital’s CEO Ankit Kothari, which went unanswered.
Factories are covered under Employees State Insurance Corporation (ESIC). Even Uttam Galva is a covered unit. Getting coverage under ESIC takes care of the compensation cases.
Senior officials of ESIC contacted by TOI said in case of death, pension is paid to the dependants. The pension is calculated on the basis of a certain formula and the amount is close to the last drawn salary.
There is provision for pension in case of disability too. The degree of disability is certified by a medical board. Since the scars due to burns are superficial, it is not covered under ESIC’s compensation schemes, said a senior official here. “It is up to the employer to pay or maybe the worker can move the court,” said the officer.
A doctor, not wishing to be named, said burn injuries on hands can lead to contractures (tightening of muscle, tendons, ligaments, or skin). This prevents normal movement of the associated body part. The defect can be restored after surgery. The scars, however, can remain permanent, leaving a mark even after plastic surgery. This can leave a permanent impact on the victim’s psyche, said the doctor.