Company Liabilities: How Should We Handle an Invitee's Accident on Site?

Responsibilities and Liabilities of the Company as a Principal Employer

One of my colleagues called me for advice. The brief fact is that a contractor came to inspect the roofing work of the company. Last year, the company had assigned work for the replacement of ACC sheets. The contractor wanted to assess how many sheets were damaged or needed replacement. While on the roof, he fell. The contractor is an invitee, and the company had not issued any service or contract order for the work. On the day of the accident, he came with a gate pass from the company and went onto the roof, where the incident occurred.

Under these circumstances, as a principal employer, what are the responsibilities and liabilities of the company to ensure compliance with labor laws? I kindly request information on how to defend against this accident in light of relevant provisions and case laws.

Regards, Shaikh I.Y. Manager HR

Initial Response to Workplace Accidents

Accidents can happen anytime, but the first thing is to offer initial relief to the injured person. First aid, hospitalization, and other measures to save the person, either through ESIC or privately, are crucial.

Irrespective of the contractor/contractee relation, if any third-party visitor meets an accident within the premises, it is the duty of the occupier to provide these measures to safeguard life.

Later, you can discuss the issue with legal entitlement, hoping the contractor person is covered under ESIC benefits so they can file an accident report to ESIC under Form 12 online or offline, stating that during the inspection of the site, the incident happened.

The visitor/person (not a contractor) came to see the place before giving his quotation/rate for contract work. The person has neither a principal employer-contractor relationship nor an employer-employee relationship with the company. You will have to send the accident report to the Factory Inspectorate, who will inquire as to how that person was allowed to climb on the roof without proper safety measures. Please consult with a good lawyer who is well-versed in such cases regarding the payment of suitable compensation, in case there is any claim from the deceased person's family.

Regards, N. Nataraajhan
Sakthi Management Services
[Phone Number Removed For Privacy Reasons]; [Email Removed For Privacy Reasons]