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 10 years ago in Labour