Dear Sir/Madam,
In the event of a fatal accident occurring, when the compensation for the victim is being paid by the client in front of the Commissioner, is it necessary to have an advocate present on behalf of the client or the party? Or is it required for only the client or only the party to provide an advocate to facilitate the compensation payment to the party?
Thank you.
From India, Indore
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1In the event of a fatal accident occurring, when the compensation for the victim is being paid by the client in front of the Commissioner, is it necessary to have an advocate present on behalf of the client or the party? Or is it required for only the client or only the party to provide an advocate to facilitate the compensation payment to the party?
Thank you.
From India, Indore
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Dear Shashikant,
In case of a fatal accident, you have to inform the same to the Factory Inspector's office (if registered under the Factories Act), Labour Commissioner's Office in letter format, and BOCW Commissioner's Office in Form 18 under BOCW Rules (In the case of a Construction Site). Further, you can calculate the compensation amount and get confirmation for its correctness from the Labour Commissioner's office. Make the account payee demand draft in favor of the Workmen Compensation Commissioner of your area and obtain acknowledgment for the same.
The legal heir of the deceased will then receive a letter from WCC. The legal heir has to bring the Birth Certificate of the Deceased, Death Certificate, Legal heir and details of the family certificate, Savings account Pass Book (xerox of the first page), and 4 copies of passport size photos for all the legal heirs.
To process the formalities, an advocate will help the family members of the deceased to receive the funds without any hurdle. It is very difficult to understand the requirements of the Officials directly by the family members. Hence, the Advocate is very much necessary. The advocate is required for the family members only; hence the family members have to make the payment for the advocate. But to help the family members of the deceased, the contractor can make the payment for the advocate.
Hope I have clarified your doubt/query.
From India, Kumbakonam
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In case of a fatal accident, you have to inform the same to the Factory Inspector's office (if registered under the Factories Act), Labour Commissioner's Office in letter format, and BOCW Commissioner's Office in Form 18 under BOCW Rules (In the case of a Construction Site). Further, you can calculate the compensation amount and get confirmation for its correctness from the Labour Commissioner's office. Make the account payee demand draft in favor of the Workmen Compensation Commissioner of your area and obtain acknowledgment for the same.
The legal heir of the deceased will then receive a letter from WCC. The legal heir has to bring the Birth Certificate of the Deceased, Death Certificate, Legal heir and details of the family certificate, Savings account Pass Book (xerox of the first page), and 4 copies of passport size photos for all the legal heirs.
To process the formalities, an advocate will help the family members of the deceased to receive the funds without any hurdle. It is very difficult to understand the requirements of the Officials directly by the family members. Hence, the Advocate is very much necessary. The advocate is required for the family members only; hence the family members have to make the payment for the advocate. But to help the family members of the deceased, the contractor can make the payment for the advocate.
Hope I have clarified your doubt/query.
From India, Kumbakonam
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Dea Bhasker, If Fatal accident of contract labour takes place what are the records to maintain as per factories act Rgds, Ashwini
From India
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From India
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1. Shift the victim to the hospital.
2. Inform the police station and the family members about the fatal accident.
3. Please submit the Accident Report Form to the Inspector of Factories and Labor Commissioner's Office.
4. Barricade the accident spot and stop the work until clearance is given by the Inspector of Factories.
5. Please keep all the records in order as per the Contract Labor Act (Form 13 Register, Wages Register, OT Register, Muster Roll).
6. Keep the address proof, date of birth proof, and legal heir certificate of the deceased for claiming insurance and submitting the compensation.
7. Draw a demand draft for the compensation amount and submit the same to the Labor Court with a copy to the Factories Inspector.
8. Please help the family of the victim to obtain the money from the Labor Court and acquire the PF Claim Forms (Form 10D and Form 20) to claim the PF amount and PF pension for the legal heirs.
9. Please inform the ESI office and claim the amount from ESIC for the funeral expenses, then hand over the amount to the family.
10. Always be polite when family members approach you for help, as they have lost the earning member of their family and are in need of your assistance to receive compensation.
From India, Kumbakonam
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2. Inform the police station and the family members about the fatal accident.
3. Please submit the Accident Report Form to the Inspector of Factories and Labor Commissioner's Office.
4. Barricade the accident spot and stop the work until clearance is given by the Inspector of Factories.
5. Please keep all the records in order as per the Contract Labor Act (Form 13 Register, Wages Register, OT Register, Muster Roll).
6. Keep the address proof, date of birth proof, and legal heir certificate of the deceased for claiming insurance and submitting the compensation.
7. Draw a demand draft for the compensation amount and submit the same to the Labor Court with a copy to the Factories Inspector.
8. Please help the family of the victim to obtain the money from the Labor Court and acquire the PF Claim Forms (Form 10D and Form 20) to claim the PF amount and PF pension for the legal heirs.
9. Please inform the ESI office and claim the amount from ESIC for the funeral expenses, then hand over the amount to the family.
10. Always be polite when family members approach you for help, as they have lost the earning member of their family and are in need of your assistance to receive compensation.
From India, Kumbakonam
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