Ms. Charu93,
I don't know how did I come to this page. But when I saw your Profile and found that you are a Student, thought of sharing knowledge with you as below .....
Rule 115 under Factories Act, 1948:
Within 4 hours of the accident, the Manager of the factory 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 cause 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 Officer-in-charge of the nearest police station
• The nearest relatives of the injured or deceased person.
There is no set format for the above notice. The notice may contain information of the happening of the accident and may mention, in case of death of persons in the factory due to the accident, how many such persons have died.
(Section 92 of the Factories Act gives the general penalty for contravention of the Act and Rules. The Section states that the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for up to two years or with fine up to Rupees 1 lakh or with both. Therefore, failure to send notice of the fatal accident in 4 hours and written report within 12 hours as mentioned above can lead to prosecution of the occupier and manager of the factory. Please note the ultimate control over the affairs of the factory will always be with the board of directors of the company and cannot be vested in any other person, without completely transferring the control over the factory to the other person.)
Liability under Employees Compensation Act, 2010:
The Act deals with compensation for workers who are injured in the course of duty. The scheme of the Act is not to compensate the worker in lieu of wages. The general principle is that a worker who suffers an injury in the course of his employment, which results in a disablement, should be entitled to compensation and in the case of a fatal injury his dependents should be compensated. Under the Employee’s Compensation Act, it is the employer who is responsible to pay compensation (as opposed to the employees State insurance. Establishments to which the Employees’ State Insurance Act applies, the liability to pay compensation is on the ESI Corporation).
The compensation to be paid by the employer for injuries caused depend on extent of the disablement suffered by the worker; more severe disablements naturally receive higher compensation. This has been categorised as follows:
a) Death;
b) Disablement
i. Permanent total disablement;
ii. Permanent partial Disablement
(c) Temporary disablement
Wages are the basis for amount of compensation paid. Two workers earning different salaries therefore will get different amounts of compensation even though the injury they suffered might be identical. Compensation under this Act is calculated on the basis of the monthly wage received by the worker. According to this Act it is the amount of wages which would be payable for a month’ service – i.e. irrespective of whether the worker is paid on a daily, weekly or piece rate basis.
Also,Employer shall have to send a written report to the Commissioner within 7 days of occurrence of any fatal accident failing which the employer may be held liable for fine.
3. Managing Injury/Death of a Workman due to Accident
• Give first aid,
• Evacuate to a local Govt. hospital/dispensary/registered medical practitioner as per intensity of the case,
• Lodge an FIR with police in case of death, serious bodily injury,
• Pay for First Aid/ for treatment of minor/major injuries to worker, In case of death, pay for transportation to Hometown & Funeral,
• Following documents should be be obtained and put into record for settlement along with completed WC Insurance Claim Forms …..
 Birth certificate duly certified by the Gram Panchayat/School Leaving Certificate
 Death certificate / Medical fitness certificate including percentage loss of earning power
 Discharge Summary -if admitted in Govt. Hospital / Govt. Dispensary /Local Hospital for treatment
 Original cash memos / receipts for purchase of medicines/treatment given.
 Original Test Report / X-Ray Report along with X-Ray plate if any
 Discharge Certificate
• In Case of Death …..
 Postmortem Report
 Cremation/Last rites Certificate from cremation ground /burial ground / cemetery with receipt
 Declaration of dependents.
 Monthly wages sheet
 Photocopy of muster roll
Best wishes for a bright future,