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If an employee is working in factory and a death case happened then first where we have to inform and what is the full process of handover the dead body to the family? What are the legal steps we have to take for providing full benefit of insurance under factory act?
From India, Lucknow

There are certain liability imposed on a company under such circumstances under Factories Act and Workmen Compensation Act.

Subject to the state rules, a factory manager/ occupier 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, Employees’ State Insurance Scheme (if ESI is applicable to the factory). Where the accident has resulted in 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 the District Magistrate or Sub-Divisional Magistrate, the Station Officer/ Officer in charge of the nearest police station and the nearest relatives of the injured or deceased person.

There is no compensation payable under the Factories Act but the employer has to pay compensation as per Employees Compensation Act. The amount payable depends on the wages that the deceased was getting and his age. The final decision about the compensation will be taken by the Officer concerned of the Labour department.

From India, Kannur

If any person works in a factory, he will be either covered under ESIC or EC Act. There is no provision for any compensation under Factories Act.

If ESIC is there and the worker's eligible salary is within ESIC limit- will be covered under ESIC. If not then will be covered under EC Act for any compensation.

Under ESIC as per rules and regulation the concerned worker's nominee will get compensation. But in case of EC Act , the nominee of the deceased worker will be required to appeal to EC Commissioner for compensation.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions

From India, New Delhi
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