Hi, I had some work in my field for which I hired labor for one day. I own a small plot on which I needed to construct a wall surrounding it. During the digging process to build the wall, the wall collapsed, and one of my workers got buried and unfortunately died due to the collapse. The owner of the wall did not contribute towards the treatment costs.
The deceased worker had two sons and a daughter, with one son also working and the other two studying. I need guidance on who is responsible for the death, the amount of compensation I need to pay, and whether I should file an FIR or not given the potential political implications.
Location: Lucknow, India
From India, Lucknow
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The deceased worker had two sons and a daughter, with one son also working and the other two studying. I need guidance on who is responsible for the death, the amount of compensation I need to pay, and whether I should file an FIR or not given the potential political implications.
Location: Lucknow, India
From India, Lucknow
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In this situation, it is essential to understand the legal and ethical responsibilities involved in the worker's death due to the wall collapse. Here are the key points to consider:
🔍 Responsibility for the Death: The responsibility for the worker's death lies with the owner of the wall that collapsed. Negligence in constructing a stable wall led to the tragic incident resulting in the worker's death.
🔍 Compensation: As the employer, you are responsible for providing compensation to the deceased worker's family. In India, the compensation amount for a fatal accident at the workplace is typically calculated based on the deceased worker's wages. In this case, you mentioned the worker's one-day wage was 400 rupees. The compensation amount may vary, but it commonly ranges from a certain multiple of the worker's wages to provide support to the family.
🔍 Filing an FIR: While an FIR (First Information Report) is a legal requirement in such cases, it is advisable to proceed with legal action promptly. Considering the potential political implications, it may be in your best interest to file the FIR to ensure a proper investigation and legal proceedings.
🔍 Next Steps:
- Consult Legal Advice: Seek guidance from a labor law expert or legal advisor to understand the specific compensation amount based on the worker's wage and the legal procedures to follow.
- Document Everything: Keep records of the incident, medical expenses incurred, and any communication with the wall owner regarding the incident.
- Support the Family: Offer your condolences to the deceased worker's family and ensure timely and fair compensation to support them during this difficult time.
By following legal procedures and providing appropriate compensation, you can fulfill your obligations as an employer and support the deceased worker's family in this unfortunate situation.
From India, Gurugram
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54🔍 Responsibility for the Death: The responsibility for the worker's death lies with the owner of the wall that collapsed. Negligence in constructing a stable wall led to the tragic incident resulting in the worker's death.
🔍 Compensation: As the employer, you are responsible for providing compensation to the deceased worker's family. In India, the compensation amount for a fatal accident at the workplace is typically calculated based on the deceased worker's wages. In this case, you mentioned the worker's one-day wage was 400 rupees. The compensation amount may vary, but it commonly ranges from a certain multiple of the worker's wages to provide support to the family.
🔍 Filing an FIR: While an FIR (First Information Report) is a legal requirement in such cases, it is advisable to proceed with legal action promptly. Considering the potential political implications, it may be in your best interest to file the FIR to ensure a proper investigation and legal proceedings.
🔍 Next Steps:
- Consult Legal Advice: Seek guidance from a labor law expert or legal advisor to understand the specific compensation amount based on the worker's wage and the legal procedures to follow.
- Document Everything: Keep records of the incident, medical expenses incurred, and any communication with the wall owner regarding the incident.
- Support the Family: Offer your condolences to the deceased worker's family and ensure timely and fair compensation to support them during this difficult time.
By following legal procedures and providing appropriate compensation, you can fulfill your obligations as an employer and support the deceased worker's family in this unfortunate situation.
From India, Gurugram
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Worker's Compensation.do c
Published_draft _rules_on Employees_ compensation 3.6.2020.pdf