Workplace Accident Tragedy: What Are the Legal Consequences and Compensation Steps?

Legal Consequences and Compensation for Workplace Accidents

A laborer was hired to work for whitewashing the house. While working, he fell down and died. What would be the legal consequences for this incident, and how will compensation be determined for him? He died because he did not take safety precautions and did not wear a safety belt.

Thanks

I think the information given is not sufficient. Whether the house is owned by the person who engaged the victim for doing the white-washing? If so, whether the owner alone occupies the house or any portion of which is let out? If yes is the answer for the first part, whether any business or commercial or trade activity is carried on in or from that house? Whether the victim was engaged for the work on a contract basis through a painting contractor or himself an independent contractor or on a daily wage basis?

Regardless of whether the employee was full-time or part-time, if he was covered during the course of his employment, that party is liable. Also, allow for them to investigate.

We shouldn't shy away from taking responsibility; in this case, the person is deceased. If he doesn't have any other personal coverage, then assistance should be provided to the family.

Hope this is helpful.

Although our seniors had their input on the cited subject, unfortunately, we still need to understand the legal implications and resolutions of such situations when the hired person is engaged part-time. Usually, the company is required to hire individuals on a temporary basis for certain tasks, such as services, whitewashing, construction, etc. Please apprise.

Regards,
Prakash Tiwari

Yes, immediately, what have you done on that issue?

1. FIR recorded or not.

There is one sufficient act existing in India to cover all the building and other construction workers since 2006. Any construction or building worker who dies due to an accident at the workplace will be given 2 lakh rupees by the Andhra Pradesh Building and Other Construction Workers Welfare Board, Hyderabad.

Now it is relaxed that any registered building worker who dies, not only in the workplace but anywhere, can be given the above amount to the bereaved family. The BOCW Act is now in existence not only in A.P but also in Tamil Nadu, Kerala, and some northern states.

In the above incident, the accidental death occurred due to a lapse of safety measures. Therefore, the building contractor or masonry, as well as the owner of the building, will be held responsible for the death of the worker.

Take the advice of the nearby labor department officials to help the poor demised building worker. There is even eligibility given to the deceased building worker unregistered by the labor department as well.

Take pains to help the poor.

Every building and construction worker, whether they are a coolie on a daily basis, a maistry, thaapi worker, painter, plumber, electrician, supervisor, or any other role, falls within the 32 to 60 category of workers in the construction field, working on a temporary or daily basis.

Importance of Registration Under the BOCW Act

My advice is to ensure that all construction workers are registered under the BOCW Act before inviting them to work. They should be provided with identity cards issued by the state government's labor department, not by trade union photo identity cards. It is crucial to take care of this matter to avoid any unwanted incidents. In case of any mishap, the government will provide benefits to the workers.

I feel that one should become a member of the Andhra Pradesh Construction and Other Workers' Welfare Board to claim the benefit. If you look at the compensation claim form, it is to be forwarded by the contractor/owner who engages the labor for their work. Hence, I doubt that the present case may not fall under that category. Only a civil case is possible.

All friends so far contributed to this thread,

Let's first ignore the silence of the questioner for this is an isolated case of a fatal accident arising out of a casual engagement for personal service. Coming to the legal implications which I attempted actually to cull out through some pertinent questions, I am of the opinion that the questioner is not legally liable to compensate the legal heirs of the unfortunate victim either under the Employees Compensation Act, 1923, or any other law if my presumption that the questioner is the owner-cum-dweller of the apartment or house is correct.

To support my above view, I quote the observations of the Supreme Court in LAKSHMINARAYANA SHETTY v. SHANTHA [2002(III) LLJ - 523], an identical case to the point as hereunder: "Work of painting the house was apparently a contract between the house owner and the painter. Claim for compensation in respect of the deceased who unfortunately fell down and died while engaged in the work of painting the house does not fall within the four corners of the Workmen's Compensation Act, and therefore, the decision of the High Court allowing the claim was incorrect."