Case - worker injured to his eyes due to spark - company wanted to avoid the liability of such accidental compensation

Nijjamuddin was a welding worker. He was injured to his eyes due to spark. He was properly trained about safety and knew about the preventive measures. He was also provided all necessary equipments and tools to take protection from any harm caused at the workplace. The company also exhibited a notice (in English) properly. The company wanted to avoid the liability of such accidental compensation, whether the company can avoid it or not.
N:B : The company is situated at Odisha.
(Please solv it as per the labour law and mention the labour act and sections )

You may submit your counter on the workmen's claim and the decision of the court is based on your argument / submission / wittiness and convincing the court!

Take insurance policies in future for all your workers, not covered under ESIC.
Insurance will take care of compensation in case of accidents.

DEAR SIR
I AM VERY Sorry to know about the accident injured person incident.
1.The very first thing the factory management should do is information about the accident to district Labour dept.officials of the area.10a notice under w.c.act.
When come to compensation the management inevitably has to pay the compensation. Upto Rupees 10lakhs.as ordered by Authority Court Labour Dept.(state). The Employer and insurance company should be liable in anyway...
No excuse...
File a case under Employees Compensation Act (w.cact)
If any positive response like notices from labour dept not received to both. Parties the worker and his family advised to submit a complaint to the District collector.
The company has no choice to avoid to pay compensation. And also never try to do so. The risk lie on insurance company u insured. So advise them also to pay immediately...
Even though notice displays....safety measures etc.No escape from payment as it is an Accident.... Mind it.pls poor worker...follow humanity.. And the right of injured worker.also.

Yes, Company has the sole responsibility to compensate the employee / workman.
The work / output given by the employee is for the benefit of the company.

Learned members have clarified about the procedure to be followed.
What is advisable , to avoid, heavy compensation, without being unfair to an employee, is to take accidental policy to cover injuries/ death of workers who are employed in hazardous operations.
Col.Suresh Rathi

Dear Mr.Suresh,
First of all stringent safety measures are very important, just displaying or exhibiting notices will not suffice. All the employees / Workers / Trainees should be given safety training as part of induction.
And however, need to cover all the eligible employees in ESI or The Employee's Compensation Act (insure through an Insurance Comapany). Over and above cover them under Group Personal Accident Insurance Scheme please.

Dear Sir,
Absolutely right.
I had replied to the query of compensation only.
Col.Suresh Rathi

Hi All,
Though my full sympathies are with the injured workman, from the Company's point of view, a spark flying into his eyes would be a clear case of negligence on his part as he failed to use the safety goggles/Visor which was provided by the Company.
If the workman is covered under ESIS then he can claim partial permenant disability pension from them.
Thank you,
R. H. Kavarana
HR Manager
Mumbai

If you look at accident, please find out the barrier that prevented him not to wear goggles during welding operations.
1) Was it due the non availability of the Goggles at the work spot?
2) Having provided the Goggles was it in a usable condition?
3) Why the co-workers / supervisor did not caution him. Was it happened due to production pressure / or end of the shift?
4) Was there a culture that everybody who does welding operation wears goggles?
5) Even after putting the notice / exposed to training / why the particular worker does welding without wearing a goggles? Is due to attitude, culture, and behavior?
If you analyze / observe you will find a very simple solution within the Management Control to remove the barrier which prevent the worker to work / adopt at risk behavior. Any at risk behavior of workmen inside the factory premises, you will find Management / system and procedure, is responsible