Handling a Factory Death: Who to Inform First and How to Ensure Insurance Benefits?

If an employee is working in a factory and a death case happens, the first step is to inform the appropriate authorities and then proceed with the process of handing over the deceased body to the family. It is essential to follow the legal steps required to provide full insurance benefits under the Factory Act.

There are certain liabilities imposed on a company under such circumstances under the Factories Act and Workmen's Compensation Act.

Notification of Accident

Subject to the state rules, a factory manager/occupier 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 resulted in 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 Station Officer/Officer in charge of the nearest police station, and the nearest relatives of the injured or deceased person.

Compensation Under the Employees Compensation Act

There is no compensation payable under the Factories Act, but the employer has to pay compensation as per the Employees Compensation Act. The amount payable depends on the wages that the deceased was getting and his age. The final decision about the compensation will be taken by the Officer concerned of the Labour department.

If any person works in a factory, they will be covered under either ESIC or the EC Act. There is no provision for compensation under the Factories Act. If ESIC is applicable and the worker's eligible salary is within the ESIC limit, they will be covered under ESIC. If not, then they will be covered under the EC Act for any compensation. Under ESIC, according to the rules and regulations, the concerned worker's nominee will receive compensation. However, in the case of the EC Act, the nominee of the deceased worker will need to appeal to the EC Commissioner for compensation.

S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions