Nijjamuddin was a welding worker. He was injured to his eyes due to spark. He was properly trained about safety and knew about the preventive measures. He was also provided all necessary equipments and tools to take protection from any harm caused at the workplace. The company also exhibited a notice (in English) properly. The company wanted to avoid the liability of such accidental compensation, whether the company can avoid it or not.
N:B : The company is situated at Odisha.
(Please solv it as per the labour law and mention the labour act and sections )
24th September 2018 From India
You may submit your counter on the workmen's claim and the decision of the court is based on your argument / submission / wittiness and convincing the court!
24th September 2018 From India, Madras
Take insurance policies in future for all your workers, not covered under ESIC.
Insurance will take care of compensation in case of accidents.
24th September 2018 From India, Pune
DEAR SIR
I AM VERY Sorry to know about the accident injured person incident.
1.The very first thing the factory management should do is information about the accident to district Labour dept.officials of the area.10a notice under w.c.act.
When come to compensation the management inevitably has to pay the compensation. Upto Rupees 10lakhs.as ordered by Authority Court Labour Dept.(state). The Employer and insurance company should be liable in anyway...
No excuse...
File a case under Employees Compensation Act (w.cact)
If any positive response like notices from labour dept not received to both. Parties the worker and his family advised to submit a complaint to the District collector.
The company has no choice to avoid to pay compensation. And also never try to do so. The risk lie on insurance company u insured. So advise them also to pay immediately...
Even though notice displays....safety measures etc.No escape from payment as it is an Accident.... Mind it.pls poor worker...follow humanity.. And the right of injured worker.also.
24th September 2018 From India, Nellore
Yes, Company has the sole responsibility to compensate the employee / workman.
The work / output given by the employee is for the benefit of the company.
25th September 2018 From India, Hyderabad
Learned members have clarified about the procedure to be followed.
What is advisable , to avoid, heavy compensation, without being unfair to an employee, is to take accidental policy to cover injuries/ death of workers who are employed in hazardous operations.
Col.Suresh Rathi
25th September 2018 From India, Delhi
Dear Mr.Suresh,
First of all stringent safety measures are very important, just displaying or exhibiting notices will not suffice. All the employees / Workers / Trainees should be given safety training as part of induction.
And however, need to cover all the eligible employees in ESI or The Employee's Compensation Act (insure through an Insurance Comapany). Over and above cover them under Group Personal Accident Insurance Scheme please.
26th September 2018 From India, Hyderabad
Dear Sir,
Absolutely right.
I had replied to the query of compensation only.
Col.Suresh Rathi
26th September 2018 From India, Delhi
Hi All,
Though my full sympathies are with the injured workman, from the Company's point of view, a spark flying into his eyes would be a clear case of negligence on his part as he failed to use the safety goggles/Visor which was provided by the Company.
If the workman is covered under ESIS then he can claim partial permenant disability pension from them.
Thank you,
R. H. Kavarana
HR Manager
Mumbai
26th September 2018 From India, Mumbai
If you look at accident, please find out the barrier that prevented him not to wear goggles during welding operations.
1) Was it due the non availability of the Goggles at the work spot?
2) Having provided the Goggles was it in a usable condition?
3) Why the co-workers / supervisor did not caution him. Was it happened due to production pressure / or end of the shift?
4) Was there a culture that everybody who does welding operation wears goggles?
5) Even after putting the notice / exposed to training / why the particular worker does welding without wearing a goggles? Is due to attitude, culture, and behavior?
If you analyze / observe you will find a very simple solution within the Management Control to remove the barrier which prevent the worker to work / adopt at risk behavior. Any at risk behavior of workmen inside the factory premises, you will find Management / system and procedure, is responsible
8th November 2018 From India, Madras
I continue with the post of Mr.Babu Alexander,
I appreciate his analysis. Such careless attitude is happening in work places day-in-day out despite all stipulation, providing enough appliances & supervision. Keeping aside the legal angle, I wish to suggest on humanity point of this. Ofcourse it appears negligence on the part of the workman and that of the supervisor. But humanity calls for sympathetic follow up action. Pl.take all necessary steps to restore the vision loss/convalescence so that the injured can regain working state of health, if not compensate the loss in monetary terms. Judicial review can go either way depending on the evidences & witnesses and therefore what's required now is benevolent remedial measures in preference to damage cover.
8th November 2018 From India, Bangalore
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