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Dear All, If any fatal has been done in the construction (Cement) company. Please share any fatal accident calculation or SC judgement copy, so that we can manage fatal calculation as per SC judgement reference.
Construction site if any death / accident arising out of and in the course of employment , the employer shall be liable to pay compensation to the victim, in accordance with the provisions of the Section 4, read with Schedule -1 of The Workmen’s Compensation Act.
Whenever any workmen met with any accident, it is the duty of the employer to intimate the same to Licencing Authority, who is normally acting as Workmen Compensation Commissioner also.
In that intimation you must inform, the complete details of the injured / deceased / victim, (Name, Father Name, Permanent Address, Details of Legal Heir/Nominee, Date of Birth, Date of Joining, Date and Time of Accident (Fatal or Non Fatal), His designation, Last three months Muster Rolls, OT Register, Wages Register) with a request to calculate the Compensation Amount and confirm, so that you can submit the Demand Draft for the amount of Compensation.
The Licencing Authority will give you the amount of compensation, so that you can submit the same to them. Further they will inform the nominee / Legal Heir to attend the hearing at the office of the Workmen Compensation Commissioner. The family has to produce the Address and Date of Birth Proof of the Deceased, Family Details of the Deceased in which the Legal Heir name also must be available, Bank Account Details of the Beneficiaries, etc. After satisfying with the records in detail, the WCC will issue the Draft to the Legal Heir / Nominee.

For calculation of Compensation,
Monthly Wages of Deceased (Maximum Wages Rs.8000) X 50% multiplied with the Age Factor of the Deceased (Available in Schedule IV of EC Act-1923) + Funeral Expenses Rs.10000/-
Hope you can make it up.
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