Understanding Workmen's Compensation: What to Do After a Fatal Accident on a Construction Site?

Boitypankaj
I am very confused about the Workmen's Compensation Act of 1923. In the event of a fatal accident on my construction site, I would like to understand the process of the Workmen's Compensation policy. How much time is required for reporting, and who is required to report? Please assist me with resolving this query as soon as possible.

Thank you.
boss2966
Dear Pankaj, First, send the corpse to the nearest Government Hospital, and they will guide you regarding obtaining the Brought Dead Certificate. The body will be sent for postmortem. Send another person from your office to the nearest police station and inform them about the fatal accident. The police officers will assist you in sending the corpse for postmortem.

Additionally, send an intimation to the Labour Commissioner's office or CL Licensing authority regarding the fatal accident. Include all the details of the workmen (Name, Father's Name, Permanent Address, Present Address, Duration of employment, accident date, and time).

Notify the BOCW Commissioner/Inspector within 24 hours about the accident using the prescribed form from your state's BOCW Rules. The BOCW Inspector will visit the accident site for inspection. Until the inspector arrives, cease work at the location and barricade the accident area to preserve evidence. Ensure that the workers who were close to the victim are available to provide evidence to the BOCW Inspector and the police.

After calculating the compensation amount as per the EC Act, verify the amount with the Labour Commissioner's office authorities. Issue a cheque for the confirmed compensation amount and obtain an acknowledgment for the deposited Compensation Amount from the WC Commissioner.

Next, submit the fully completed Insurance Claim application form to the insurance company along with: (i) Muster roll for 3 months, (ii) Wages Sheet for 3 months, (iii) Compensation Acknowledgment receipt, (iv) Compensation Calculation & the Xerox copy of Draft, (v) Birth Certificate of the victim, (vi) Death certificate of the Victim, (vii) Employment Certificate from the employer, (viii) Address Proof, (ix) Family Details & Legal Heir details.

If you do not attach the acknowledgment receipt issued by the WC Commissioner, the compensation cheque will be issued in the name of the WC Commissioner of your district.
Boitypankaj
I have one remaining question: How much time is required to pay this compensation to the victim's family? Is it within 60 days or 30 days? Please advise.

Thank you.
boss2966
It should be deposited within 30 days. The compensation amount draft, Form A, and Form EE should be submitted to the WC Commissioner within 1 month from the date of the accident.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute