we are in the construction businees,we had hired one labour contractor for our construction work,the contractor was having 100 daily wages labours. During the work 1 labour was seriously injuried on duty & died afterwards in hospital.
we were paying Rs.175/- to contractor for each labour in turn he was paying Rs.150/- to the labour on daily basis.he raises the bill to us on monthly basis
Plz.let me know whether the died labour is entitled to get the claim under WC act as he was working as daily wages/casual labour
we have taken a WC policy also on unnamed basis
we have alrady given some amount of money to the deceased family members but wanted to deducted that money from contrators bill.
Contactor approaching us to get the claim from insurance comapny under WC.
whether the labour commossioner can verify the all the compliances of minimum wage act set by the goverment during investigation or what type of documents he can demand from us for filling the claim in WC commmisoiner office
From India, Mumbai
These are situations which may become very sensitive. The labourer would have come under ESI had he been brought under the rolls properly. It is unfortunate that you or even your contractor failed to bring him under ESI. Now the only remedy is to sort out the matter as per Workmen's Compensation Act. Though he was not directly employed by you, he worked for the trade or business transacted by you only. Therefore, being the principal employer your responsibility is not limited but primary. When the question of compensation arises, there are chances of querries relating to minimum wages and non coverage of employee under ESI coming up. Therefore, it is advisable to have an outside settlement without interference of Labour department.
In fact I didn't come across with such a situation and therefore, my judgement may be wrong. Through out my career I have not diluted at least this point, that is to ensure that all those who fall under definition of ESI to be covered.
In my company one of worker get injured and he has swelling on his leg and he was treated by the doctor and took leave for one day . Can i claim under the WC act as we have the WC policy??
seeking guidance for WC.
From India, Vadodara
Since this is a partial disablement and the injury has not resulted in partial disablement for more than three days, the employer is not under any legal obligation to pay compensation. Therefore, it will not be worth opening the insurance cover for such incidents.
From India, Kannur
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