Mindhour Partner, Ass.professor/adm. Officer,
Sr.executive (per & Adm)
Senior Officer - Hr
Ram K Navaratna
The inspector of factories will visit the factory premises and investigate the matter and will order for appropriate action like fine, compensation to the deceased person and imprisonment, if it is gross negligence from the management side.
9th December 2015 From India, Chennai
, ESI, ( or EC Act) Gratuity, welfare funds formalities can be done later.
9th December 2015 From India, Thiruvananthapuram
What ever the incident/accident please try to follow the procedure herein :
1) Record the date and time of incident, the official should be the one who is in-charge
2) Immediately evacute the person to the nearby hospital probably to the Govt.hospital informing the facts.and Inform the next of kin. Let the next of kin available during post mortem. and getting the deceased evacuated from the hospital. The company/organisational employee should be made incharge till the final crematorium. Financial assistance should be provided to the nok for taking rites.
3) Nature of incident occurred possibly in writing by the safety officer of the premises
4) If the incident occurred at working place the in-charge should inform the same to the next higher official/safety officer/manager and the plant manager
5) If the incident occurred in the premises other than working place - accident by transportation/lifts/fire the same should be notified immediately safety officer/manager (there is no concern with the plant manager), the official who have detailed the worker/employee other than the natural work.
6) The record of the incident informed to the near by police station/fire station(in case of fire accident)..
7) The same should be information to the labour officer/Inspection of factories.
8) Instal an order conducting preliminary enquiry and find out prima facie the incident occurred at your premises and this is most important after conducting a detailed enquiry the benefits should be given to the deceased.
9) For death procedure should be adhered mutatis mutandis. The final order should give clear detail of the incident, benefits to the nok, epf final payments etc., The deceased should be striked out from the service immediately and the copy should be kept for getting death certificate.
my heart felt condolescence ...do good to the deceased ...
9th December 2015 From India, Arcot
#Anonymouswhat are the ways in which an accident is dealt with in a pharma comapny especially in case of death of an employee due to some accident in the premises?
9th December 2015 From India, Bengaluru
Regarding your problem pl see the following and get educated.
In complex environment of modern days in extraneous situations unexpected crisis, one may end up in peculiar situation and problems like accident, fire, catastrophe, natural disaster and loss. To face and deal such situation essential knowledge expertise is considered as one of the managerial competency. How to know and acquire this expertise and overcome problems, protect and safeguard interest of self, establishment and affected is essence of following one day program
“On Crisis and Accidents Management” organized at
BELL Hotel and Convention Centre, Next to City Railway Station, (Majestic) Bangalore.
On: 19h December 2015 Time - 9:30 am to 5:00 pm
We would appreciate if you kindly nominate your Safety / Security / Admin / HR Managers / Executives / Supervisors/and others to attend the programme.
For more details go through attached program brochure and registration form.
Thanks and regards,
Chethan H S
Ram K Navaratna
www;hrresonance dot com
10th December 2015 From India, Bangalore
Our learned members are given their opinion is well. Still your query is hypothetical and assumption. I do not know whether you are asking for your knowledge or you want to know the procedures how to deal in such case.
Immediately after the accident you should report the accident report to the Inspector of Factores as per the applicable act. In case of fatal the jurisidiction police stations are also to be informed. The Inspector will conduct the enquiry into the accident and file a criminal case in the court of law in case of fatal. The cause of accidents if negligence on safety point of view, from the part of the Management including safety officer and unit incharge will be held responsible for the consequences and they have to face the enquiry. Besides this, in case of fatal or bodily injured whether permanent or temporary disablement matter to be reported to the Commissioner of Workmen Compensation ..and Compensation to be paid to the Victims or next kin of the victim in case of fatal, through the Commissioner, as per the schedule prescribed in the Workmen Compensation Act, 1923 as the case may be.
Labour Laws Consultant
12th December 2015 From India, Bidar
I don't know how did I come to this page. But when I saw your Profile and found that you are a Student, thought of sharing knowledge with you as below .....
Rule 115 under Factories Act, 1948:
Within 4 hours of the accident, the Manager of the factory has to send a notice of the happening of the accident and / or occurrence by telephone, special messenger or telegram to the Factory Inspector and the Administrative Medical Officer, Employeesâ€™ State Insurance Scheme (if ESI is applicable to the factory). Where the accident has cause death, or is likely to cause death, then such a notice needs to also be sent within 4 hours of the occurrence of the accident to :
â€¢ The District Magistrate or Sub-Divisional Magistrate
â€¢ The Officer-in-charge of the nearest police station
â€¢ The nearest relatives of the injured or deceased person.
There is no set format for the above notice. The notice may contain information of the happening of the accident and may mention, in case of death of persons in the factory due to the accident, how many such persons have died.
(Section 92 of the Factories Act gives the general penalty for contravention of the Act and Rules. The Section states that the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for up to two years or with fine up to Rupees 1 lakh or with both. Therefore, failure to send notice of the fatal accident in 4 hours and written report within 12 hours as mentioned above can lead to prosecution of the occupier and manager of the factory. Please note the ultimate control over the affairs of the factory will always be with the board of directors of the company and cannot be vested in any other person, without completely transferring the control over the factory to the other person.)
Liability under Employees Compensation Act, 2010:
The Act deals with compensation for workers who are injured in the course of duty. The scheme of the Act is not to compensate the worker in lieu of wages. The general principle is that a worker who suffers an injury in the course of his employment, which results in a disablement, should be entitled to compensation and in the case of a fatal injury his dependents should be compensated. Under the Employeeâ€™s Compensation Act, it is the employer who is responsible to pay compensation (as opposed to the employees State insurance. Establishments to which the Employeesâ€™ State Insurance Act applies, the liability to pay compensation is on the ESI Corporation).
The compensation to be paid by the employer for injuries caused depend on extent of the disablement suffered by the worker; more severe disablements naturally receive higher compensation. This has been categorised as follows:
i. Permanent total disablement;
ii. Permanent partial Disablement
(c) Temporary disablement
Wages are the basis for amount of compensation paid. Two workers earning different salaries therefore will get different amounts of compensation even though the injury they suffered might be identical. Compensation under this Act is calculated on the basis of the monthly wage received by the worker. According to this Act it is the amount of wages which would be payable for a monthâ€™ service â€“ i.e. irrespective of whether the worker is paid on a daily, weekly or piece rate basis.
Also,Employer shall have to send a written report to the Commissioner within 7 days of occurrence of any fatal accident failing which the employer may be held liable for fine.
3. Managing Injury/Death of a Workman due to Accident
â€¢ Give first aid,
â€¢ Evacuate to a local Govt. hospital/dispensary/registered medical practitioner as per intensity of the case,
â€¢ Lodge an FIR with police in case of death, serious bodily injury,
â€¢ Pay for First Aid/ for treatment of minor/major injuries to worker, In case of death, pay for transportation to Hometown & Funeral,
â€¢ Following documents should be be obtained and put into record for settlement along with completed WC Insurance Claim Forms â€¦..
ïƒ¨ Birth certificate duly certified by the Gram Panchayat/School Leaving Certificate
ïƒ¨ Death certificate / Medical fitness certificate including percentage loss of earning power
ïƒ¨ Discharge Summary -if admitted in Govt. Hospital / Govt. Dispensary /Local Hospital for treatment
ïƒ¨ Original cash memos / receipts for purchase of medicines/treatment given.
ïƒ¨ Original Test Report / X-Ray Report along with X-Ray plate if any
ïƒ¨ Discharge Certificate
â€¢ In Case of Death â€¦..
ïƒ¨ Postmortem Report
ïƒ¨ Cremation/Last rites Certificate from cremation ground /burial ground / cemetery with receipt
ïƒ¨ Declaration of dependents.
ïƒ¨ Monthly wages sheet
ïƒ¨ Photocopy of muster roll
Best wishes for a bright future,
19th November 2016 From India, Pune