Legal Advice For A Mishappening At Site - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Tushar.swar
Manager - Human Resource
Adv. Manoj Liyonzon
Lawyer, Chennai
CaPulkit
Practicing Chartered Accountant
Sourav.rubi@gmail.com
Hr , Ir , Complainces
Hrkpati
Sr.manager Hr & Legal
Asnath
Hr Consultant
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
9871103011
Private Consultant On Labour Laws
Lalit Thakkar
Systems Consultant
Vineet8860410213
Sr. Project Engineer
+3 Others

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Respected Seniors,

I am working as senior project engineer (construction) with a pvt. Ltd. Company based at delhi. During the official working hours on dated 05/sep/2013 at 12.30 pm (afternoon) I had a serious injury by falling down from the staircase at company’s construction site and I was rushed to hospital by coworkers and was admitted to ICU and a major surgery was conducted in my right leg and a titanium rod and accessories were transplanted in my leg. In spite of my repeated requests with the company’s management by emails, letters and telephonically conversations, the company has neither release my salary nor given pending medical dues. They are intentionally & deliberately adopting the delaying tactics. After a long time of months I was informed by email that I should come personally to head office for amicable settlement but on the visit to there office I was threatened with dire consequences. In resulting this I have forwarded a legal notice for the pending salary and medical dues. In reply to that notice I have been communicated in writing that I’ll not be paid my salary from September 2013 to till date and medical dues can be settled on humanitarian ground.

Please advice me that what action should I take as per the law applicable for an employee.

Thanks & regards

Vinit soni

8860410213

Dear Vinit,
As you said that, you had met with acciden at construction side, so, during your visite/ roaming at site, did you follow the all safety rules as per the comapny policy or not..?
if you have not followed, then your in to the fault.
but, however, accident done on duty, so, company is bound to give benfits, as you said you send them a notice regardin the same, so, i belive that, you must have fowarded with consultant of advocate, so, as they reply back to you, whether any reason have they mentioned to refuse to give you the benefits..? what your advocate says on their reply..?

respected tushar sir,

1st of all thanks for your advice.as you inquired about the safety rules, this is for information that i was following all the safety rules like safety helmet, safety shoes, safety jacket etc. as prescribed. actually CHALLI ( in hindi we can say wooden jaali ) installed was loose and shaky so which resulted into my falling in stairs.this was because of negligence of safety department appointed at site for safety of us.i would like you mention that no insurance was made to cover the safety risk at construction site as per workman compensation act.instead of having sympathy with me for this accident the management was trying to back out from the responsibility.in order to justify the non payment of my pending salary and medical dues the management is trying a gimmick of poor performance where as no written communication has been given to me nor i have acknowledge any.the advocate is of the opinion that we should file a suit for claiming the pending dues/salary and compensation for temporary physical disability(because still i am under medical treatment) as applicable the labour laws.kindly keeping in view all the facts and circumstances please advice me the optimum solution in the matter.

thanks and regards

vineet soni

Hello Vineet Soni,
Going legal is the only way in your case.
However, suggest choose your advocate carefully.
While I DON'T mean to cast any doubts on your advocate, it's better to be cautious earlier than later. I know of cases where the defendent's advocates have cut backdoor deals with employers & the employee gets to know of it until it's too late.
Also see IF you can insist on any timeframe for the court case with your advocate--going by what you mentioned, the Company, most likely, will prefer to go legal than have any out-of-court settlement. Else, it could go on & on for years.
All the Best.
Rgds,
TS

Except filing a case in civil court, there is no provisions in labor law to proceed against employer for nonpayment of salary to a person with wages above Rs 18000/-pm.Similarly no action is possible for a non-workmen under ID Act 1947.
Varghese Mathew
09961266966

Whether worker as per ID Act or an employee out of the purview of the Act, you are eligible for full salary and Medical Facilities for the period of treatment and recovery period because the injury belongs to while on duty and while at work accident injury.
The management is bound to pay the salary, medical expenses till the treatment and thereafter compensation for the loss of earning capacity due to the accident injury disability..
Please consult advocate and issue legal notice.

Dear Vinit,
As you said that, said incident happen due to neglegence of safety rule not follow by them, so, can you just tell, at time of this incident, any police case or FIR, has been done..? if yes, & it is clear mentioned that, the reason of accident, so, that will be the strongest evidence for you to file suit against them.

Mr VINEET is Sr Project Engineer and is not a workmen under ID Act.Hence his case is not falling under Industrial Disputes Act.He will get benefits under EC Act provided he falls under the definition of Employee as per Schedule 11 of EC Act.If so ,even the negligence is not a bar as per Sec 3 b of the E C Act if the injury result in TPD.
Varghese Mathew
09961266966

The action by the company is as follows :-
1. Formation of Inquiry committee to inquire into circumstances into which the Employer met with an injury while on duty.
2. Submission of report by the inquiry committee with findings and recommendations to ensure that no such incident is committed in future.
3. Accident of the employee is attributed to the company, since the employee was on duty during the time of accident.
4. Opinion of Medical Officer, to further Justify that the employee's retention in company. If retained, limitations of duties to be performed by the employee due to accident.
5. If retention is not possible , disability compensation is attributed to the company.
Under all circumstances, the employee is entitled for full salary during the hospitalization. This is as per rules of the country.
Thanks and regards
Brijendra Singh Mathuria
HR & Admin Manager
CPS Shapers

Dear Vineet,,

Since you have mentioned that you have been working with a construction company based at delhi and while on duty, you have met with an accident at company’s construction site. Since your company is engeged in construction activity hence I suppose it is covered under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996 and Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules,2002 are applicable to your empoyer.If you visit website of Delhi labour dept on Delhi Government Portal you will find the applicapility of the Act & Rules, which reads as under:-

The Act applies to every establishment, belonging to or under the control of government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building and other construction work and includes an establishment belonging to a contractor which employs, or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work, but does not includes an individual who employs such workers in any building or construction in relation to his residence the total cost of such construction not being more than Rs. 10 lakhs.

You can examine the applicapility of the Act to your construction company. If the same is applicable and your employer has not taken Registration from the concerned authority and has not given the notice of commencement of the construction work, he is going to have a tough time. The Act has laid down heavy penalties for the convtravention of the its provisions so much so that the inspector has powers to prohibit the working ,if the laid down safety and health norms are not complied with.

As regards your dues and accidental compensation are concerned, your employer is bound to pay the both.Your employer was supposed to send a notice of accident in Form XIV under Rule 210 (7) to the Chief Inspector of Building and construction, Delhi within four hours in case of fatal accident.

Since you have already approached them and they are reluctant to clear your dues, I advice you to lodge a complaint with the Chief Inspector of Building and construction, Delhi giving all the details of accident and copies of the medical treatment undergone in the hospital.I am sure this will work.

BS Kalsi

Member since Aug 2011


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