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Sir,
We have 400+ employees in our one site. Our client is insisting to taken total 400+ workmen"s compensation policy. What we understand is that in any particular minute within 24 hours maximum number of workmen works at site should be covered under WC policy. because all our employees are working on 3 shift basis. Hence we arranged WC policy for the no of General Shift workmen plus first shift persons. kindly suggest what is the actual requirement as law.
From India, Bhubaneswar
Your client is right as per LAW. You are presuming facts as per your convenience. LAW will prevail over your conveniences.
From India, Pune
The law is silent. You as employer, as per the Employees Compensation Act (earlier called Workmens compensation Act) is bound to pay compensation for injuries caused due accidents occurring at work place and you cannot predict when accident will occur. So you may discuss with the insurance company and decide on the policy where coverage is provided to insinuate you from payment of compensation for all accidents that may occur.
MOHAN KUMAR
PH: 8921883907
From India, Bangalore
If you take WC Policy, Liability of Payment of Compensation is on the insurance provider.It is better to take the Policy as per the requirement of your client.Otherwise, you have to pay compensation
From India, New Delhi
Dear Major Vimal,
Your client has rightly advised you. As per Employees Compensation Act, you need to take Policy for maximum number of workmen deployed on any day at site during the policy period and not working nos. on any particular shift.
Legally you have to consider projected overtime wages also while taking the policy. Insurance company has right to reject your claim, if you are under insured or insured less no. of workmen. You are required to maintain wages records for all the workmen and when accident occurs need to produce to the insurance company alongwith the claim.
While obtaining policy you need to project category-wise wages amount but it should not be less than Rs.8000/- per month per workman.
Regards,
Suresh
From India, Thane
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