Boss2966
Industrial Relations
Ashwini Deshpande
Service In Hr Dept

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Dear If when fatal accident takes place and at the time of all the compensation of victim is being paid by client in front of Commissioner there is a need of advocate through client or party or only client or only party required to give advocate to paid the compensation to party
From India, Indore
Dear Shashikant

In case of fatal Accident, you have to inform the same to Factory Inspector office (if registered under Factories Act), Labour Commissioner Office in letter format and BOCW Commissioner Office in Form 18 under BOCW Rules (In case of Construction Site). Further you can calculate the compensation amount and get confirmation for its correctness from Labour Commissioner ofice make the account payee demand draft in favour of Workmen Compensation Commissioner of your area and obtain the acknowledgement for the same.

Then the legal heir of the deceased will receive a letter from WCC and the legal heir has to bring the Birth Certificate of the Deceased, Death Certificate, Legal heir and details of family certificate, Savings account Pass Book (xerox of first page), 4 copies 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 requirement 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 has to make the payment for advocate. But for helping the family member of the deceased, the contractor can make the payment for the advocate.

Hope I have clarified your doubt/querry.

From India, Kumbakonam
Dea Bhasker, If Fatal accident of contract labour takes place what are the records to maintain as per factories act Rgds, Ashwini
From India
1. Shift the Victim to the Hospital.

2. Inform to the Police Station and the Family Members about the fatal accident.

3. Please submit the Accident Report Form to Inspector of Factories and Labour Commissioner Office

4. Barricade the Accident Spot and stop the work till the clearance given by the Inspector of factories.

5. Please keep all the records proper as per Contract Labour Act. (Form 13 Register, Wages Register, OT Register, Muster Roll)

6. Keep the Address Proof, Date of Birth Proof, Legal Heir Certificate of the Deceased for claiming the Insurance and submission of the Compensation.

7. Draw the Demand Draft for the Compensation Amount and submit the same to the Labour Court with a copy to Factories Inspector.

8. Please help the family of Victim to get the money from the Labour Court and obtain the PF Claim Forms (Form 10D and Form 20) to claim the PF Amount and PF Pension to the Legal heirs.

9. Please inform the same to ESI office and get the amount from ESIC for the Funeral Expenses and hand over the amount to the Family.

10. Always be polite whenever the family members are approaching you for any help because they lost the earning member of their family and they are inneed of your help to get compensated.

From India, Kumbakonam
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