Navigating Legal Steps After a Workplace Accident: Do We Need to Inform the Factory Inspector?

I have one query. One of our employees met with an accident while on duty and expired after four days in the hospital during treatment. He was working as a senior manager in production. Since he was in a senior management role, do we need to inform the factory inspector about his accident?

In this matter, we informed the local police and settled all dues with a written agreement with his wife. Workmen's compensation was also paid to his wife through the Workers' Compensation court. Even after submitting all settlement/relevant papers to the police, they are still asking us to obtain a report from the factory inspector's office.

As managers, are we required to inform the factory inspector's office about this accident? Please advise us.

Yes, you need to also inform the Factory Inspector if the accident that resulted in the death of the individual has occurred within the factory premises. He will visit the factory/establishment and carry out an investigation if he feels the need to do so, and will submit his report. You generally need all these documents for the settlement of the worker's compensation. I wonder how worker's compensation was paid out without the Factory Inspector's report. You also need to apply for the member's Provident Fund, pension, and insurance amount from the Provident Fund.

Good Luck,
A.B.

Yes, you need to inform the Factory Inspector about the death and accident that took place at your factory premises. Also, submit all the dues paid to the victim's wife so that you aren't held liable for further payment of compensation. This information needs to be updated in the Accident Register as well.

Dear friend,

Please see the definition of "Worker" under section 2(l) of the Factories Act, 1948. Every person employed in any manufacturing process or in any other work incidental to or connected with the manufacturing process is considered a worker under the Act. Therefore, a senior manager in production is also classified as a worker. Any accidents that occur within the premises of the factory while the senior manager is on duty must be reported under section 88 of the Act.

Submitted Form No. 21 within 42 hours to the DISH office. This is a legal requirement as per the Factories Act.

Importance of Reporting to the Factory Inspector

It's always necessary to inform or report formally to the Factory Inspector, irrespective of whether or not the person(s) involved are within the purview, especially when the incident occurs within the precincts of the factory. This practice will help avoid numerous complications and implications. It's also advisable to follow this reporting procedure even when occurrences take place outside the 'precincts but in the course of employment'. Such actions will protect us from the consequences of 'not reporting'; it is always better to be safe than sorry.

Regards,
Kumar S.

It is to be informed to the Factory Inspectorate through a report. Inspection will be made by them. Further, a show-cause notice will be issued to the Occupier, and since it is a fatal accident, a case will also be filed in court against the Occupier. Finally, a fine will be imposed. Some of the judges insist on the physical appearance of the Occupier in court.

Understanding the Inspector's Report and Legal Implications

Hello Ceramic Anbalagan, wait, wait, wait... just go slow, man. This is a general discussion, and all the fraternity members have responded to the specific query raised by Karlekar Sudir. You are referring to the situation that could be the outcome of the inspector's report (subsequent to his inspection). If he concludes or has reasons to believe that the fatality is due to negligence on the part of the employer, then he may issue a show cause. He may file a case only if he is not satisfied with the reply to the show cause notice. Imposition of a fine is much later and only if the accusation against the occupier is proved. Judges may insist on the physical appearance of the Occupier, but representation can be made by anybody.

So, cool down and read the postings carefully.

Cheers, A.B.

Dear Mr. Sudhir, you made a mistake by not informing the accident to the concerned Factory Inspector under the Factory Act. First, you should inform the incident to the Factory Inspector and subsequently to the police, and then to the Commissioner of the Workmen's Compensation Act. All the formalities you completed are correct, except for reporting to the Factory Inspector. Now, you need to regularize this procedure; otherwise, it will be a serious violation of the Factory Act. Payment of compensation with an agreement is separate, and notification statutorily is separate. Knowing the cause of the accident is essential from a safety perspective for the Inspector. Regularize your report.

Regards,
Adoni Suguresh Labour Laws Consultant.