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rupeshkumar.kiran
7

Sir, If the contract period was not extended and work is still running in the site in that time any fatal / non fatal accident happened on the site.
In that case Employee compensation applicable or not to the deceased?

From India, Warangal
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Nanu1953
Ceo-usd Hr Solutions
Sitaramsn
Hr Freelancer
KK!HR
Management Consultancy

KK!HR
1530

EC Act 1923 would apply whether there is a valid contract or even if the contract period is over. Under the Act, it is the establishment (where the work takes place) that is liable to ensure compliance. The contract enables the Principal employer to deduct any compensation paid for the contract labour deployed by the contractor from the contractor.
From India, Mumbai
rupeshkumar.kiran
7

Sir

1.Compensation has to pay to the deceased okay.

2.But, is the company legally eligible to get the compensation from the insurance company or not (due to non available of work order extension).

3.If the work order has expired and not extended by the principal employer then the labour license (valid up to Aug-2023) and WC Policy (valid up to Oct-2023) are valid or not, if no work order.


PLEASE CALRIFY

From India, Warangal
KK!HR
1530

The insurance document has to be seen to answer on the eligibility to get compensation from the insurance company. Since it is said that the insurance policy is valid upto Oct'23, it appears there will be continued coverage. Is there any problem in getting the contract extended? There would be some correspondence asking the contractor to carry on although the contract period is over. So though there is no formal contract, even otherwise there is a valid contract running on the date of the accident.
From India, Mumbai
sitaramsn
26

The Employee Compensation Act is applicable. If there is any insurance policy taken by employer it only to safeguard his interest. So far as the compensation is concerned Employer is liable and in case insurance company denies, the liability will be with the employer.
From India, Hyderabad
rupeshkumar.kiran
7

Sitaramsn Sir Can you please provide support document that, If the insurance company denies the claim, then the liability will be with the employer. Please
From India, Warangal
nanu1953
334

In this case there is one principle employer and contractor. Hopefully the contractor has taken EC policy which is valid up to OCT,23. In the mean time the work order eligibility date to finish the job is over. But work is continuing at site without any new work order.

It appears to me that without formal extension why the contractor is continuing the job? Will principle employer pay for the extension period of work or it is part of earlier Work Order as such the contractor is continuing its job to get payment from Principle employer.

Whatever may be the case, the query is whether Insurer will pay against the EC policy in absence of new Work Order. Against EC policy the claim is raised by the family of the deceased employee with party Insurer and the Contractor along with the principle employer. Usually the EC Commissioner is looking after the merit of the case and if there is insurance coverage, insurer are paying money as per award of the EC Commissioner. Whether the work order was valid or not is not the concern by the insurer or EC Commissioner in normal conditions. To my opinion if any question is raised then the principle employer may certify the situation.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

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From India, New Delhi
rupeshkumar.kiran
7

S K Bandyopadhyay Sir

Principal employer is not interested to extend the current work order. Work order eligibility date to finish the job is over. But the work is continuing at site without work order extension.

If the contract period was not extended and work is still running in the site in that time any fatal / non fatal accident happened in the site.

There is no gate pass for workmen, no running RA Bills, No valid work order. In that case Employee compensation applicable or not to the deceased ???.

From India, Warangal
sitaramsn
26

Here we are to see the following:
Where the accident took place - Employer's site. So when it comes for payment of compensation, prima facie, it is employer's liability. It is for the employer to prove otherwise. Basically, we are to understand that the EC insurance policy is a safeguard for any accident took place at a work site for payment or reimbursement of compensation. Please understand, that having a policy do not absolve employer's liability, unless the conditions of accident took place in the circumstances where exceptions apply.

From India, Hyderabad
kiran-kshatriya
In case of accident, injury more than 3 days

1) If the WC policy is not expired then, the company legally eligible to get the compensation from the insurance company. No issue of non availability of work order extension.
2) In case is WC is not available or expired, the Principal Employer to pay compensation to diseased.
3) Here is no issue of Work order or contract License, etc. , because it is the look out of Principal Employer and Contractor. If accident arise out of employment, then he is liable to pay compensation.

From India, Mumbai
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