Dear all
I am working in a manufacturing company. In our manufacturing unit construction is on while working, 1 labour on contractor role unfortunately he met with an accident and died. In such a situation, do our company is legally liable any compensation? If yes, what compensation we have to pay under what act or We are also covered in ESIC so can our company claim any benefits under the ESIC.
Seniors please revert urgently.
Regards,
Priyanka
From India, Delhi
2I am working in a manufacturing company. In our manufacturing unit construction is on while working, 1 labour on contractor role unfortunately he met with an accident and died. In such a situation, do our company is legally liable any compensation? If yes, what compensation we have to pay under what act or We are also covered in ESIC so can our company claim any benefits under the ESIC.
Seniors please revert urgently.
Regards,
Priyanka
From India, Delhi
The compensation is to be paid under Workmen's Compensation Act. The amount of compensation will depend on his age at the time of death and last salary drawn (ceiling of Rs. 4000). The formula will be as follows
50% of wages (subject to max. wages as Rs. 4000) * mulitiplying factor as provided in the Act corresponding to his age. This amount has to be deposited in Labour Court within 30 days of the accident. The same amount may be indemnified from the contractor under section 12(2) or from the insurance co. from whom the WC policy has been taken. Notice of accident is to be given to WC commissioner in Form EE as soon as possible. The amount amount is to be deposited alongwith Form A. It is advised to deposit the amount through advocate in labour court making the dependents of the worker & contractor, Insurance co. party to the case.
Regards
Rajendra Bhavsar
09850869517
From India, Mumbai
50% of wages (subject to max. wages as Rs. 4000) * mulitiplying factor as provided in the Act corresponding to his age. This amount has to be deposited in Labour Court within 30 days of the accident. The same amount may be indemnified from the contractor under section 12(2) or from the insurance co. from whom the WC policy has been taken. Notice of accident is to be given to WC commissioner in Form EE as soon as possible. The amount amount is to be deposited alongwith Form A. It is advised to deposit the amount through advocate in labour court making the dependents of the worker & contractor, Insurance co. party to the case.
Regards
Rajendra Bhavsar
09850869517
From India, Mumbai
When ESI Act is applicable and if the worker was covered under ESI scheme, then intimation is to be given to ESI corporation. The amount of pension/compensation will be paid by ESIC to his legal heirs/dependents. No amount is to be depoisted anywhere. It will be total liability of ESIC.
Regards
Rajendra Bhavsar
From India, Mumbai
Regards
Rajendra Bhavsar
From India, Mumbai
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