Umakanthan53
Labour Law & Hr Consultant
Adoni Suguresh
Sr.executive (per & Adm)
Gannahope
Deputy Commissioner Of Labour..a.p.
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
9871103011
Private Consultant On Labour Laws
Lelo Myeza
Human Resources
+2 Others

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A labour was hired to work for white washing the house. While working he fell down and died. What would be legal consequences for the same and how will compensation be decided for him. He died as he did not take safety precautions and did not wear a belt for safety.
Thanks
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Dear PRIYA,
I think the information given is not sufficient.
Whether the house is owned by the person who engaged the victim for doing the white-washing?
If so, whether the owner alone occupies the house or any portion of which is let out?
If yes is the answer for the first part, whether any business or commercial or trade activity is carried on in or from that house?
Whether the victim was engaged for the work on contract basis through a painting contractor or himself an independent contractor or on daily wage basis?
Regardless of if employee was full time or part time. If he was covered in venture of him being employed that party is liable. Also just allow for them to investigate.
We shouldnt shy away in taking responsiblity, in this case the person is dead. If he doesnt have any other personal covers then there should be assistance given to the family.
Hope this is healpful.
Whenever such queries are posted, please provide full details. One may feel that some details are irrelevanent but for experts to provide meaningful help, it is always essential to give full details.
Thanks everyone for the reply, I really appreciate the replies of all. I have got sufficient inputs and Lelo thanks for the suggestion, I will certainly do. We can close the query.
Dear Senior
All though our senoir's had there input on cited subject, Unfortunate still need to understand the legal implication's & resolution of such situation while the hired person engaged at part time. Usually company required to hired individuals on temporary basic for certain task i.e (Services/white wash/construction etc.) pls apprise .
Regards!!
Prakash Tiwari
These issues need attention of all. Practical and personal experience throws some light on this. In my view there is much relevance for the statement of Mr Umakanthan.M Additional Commissioner of Labour (RTD). Regards.
Dear PRIYA,
In reply to your query Sh Umakanthan and other members have sought to clarify certain points. Instead of mentioning the inputs, you have requested to close your query which shows that in actual you do not have the inputs.You were not serious in raising this query rather it was just for FUN. My advise is that If you have sufficient time, its fine,but please do not waste others' time in future.
Thanks,
BS kalsi
Dear Priya,
I fully agree with the comments of Mr. B.K.Kalsi. It appears that you are not serious about your query. If you want or anybody want any reply or suggestions that, they must give their input in proper way (and not on assumption or if happens etc )so that the experts can give their opinion in a right way rather than wasting the time at both sides. Please take care in future before you raise any query This is written in the interest of mutual advantages but not on the intention to hurt any body.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
Yes,

immediately what have you done on that issue....

1. Fir recorded. Or not.

There is one sufficient act is existing in india to cover all the building and other construction workers. Since2006... Any construction or building worker dies due to accident at workplace willl be given 2 lakh rupees by the andhrapradesh building and other construction workers welfare board. Hyderabad..

Now it was relaxed that any registerd building worker dies not only in work place or any where can be given the above amount to the bereaved family. Ths bocw act now in existence not only in a.p but also in tamilnadu and kerala and some north states also.

In the above incident the accidental death occred due to lapse of safety measures sufficently. So the building contractor or mastry as well as the owner of the building will be held responsible for the death of the worker.

Take the advise of the near by labour dept. Officials to help the poor demised bui;lding worker. There is even eligiblity is given to the died building worker unregisterd by the labour dept. Also.

Take pains to help the poor.
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