Please guide,
The company has assigned some civil work and leakage proofing work of the factory shed to a civil contractor. A worker of the civil contractor falls from the top of the factory shed and dies. What are the liabilities of the company in this case? What are the legal issues involved in it?
Please help.
From India, Pune
Acknowledge(0)
Amend(0)
8The company has assigned some civil work and leakage proofing work of the factory shed to a civil contractor. A worker of the civil contractor falls from the top of the factory shed and dies. What are the liabilities of the company in this case? What are the legal issues involved in it?
Please help.
From India, Pune
Acknowledge(0)Amend(0)
Dear,
As per the Factory Act, the person in question will be considered a worker, and the employer will be obligated to pay compensation under the Workmen's Compensation Act. Legally, this worker is an employee of the civil contractor. In the absence of the contractor, the principal employer will be legally bound to pay the compensation.
Please review the contract made with the civil contractor.
Thanks,
Mohd. Arif Khan
Acknowledge(0)Amend(0)
As per the Factory Act, the person in question will be considered a worker, and the employer will be obligated to pay compensation under the Workmen's Compensation Act. Legally, this worker is an employee of the civil contractor. In the absence of the contractor, the principal employer will be legally bound to pay the compensation.
Please review the contract made with the civil contractor.
Thanks,
Mohd. Arif Khan
Acknowledge(0)Amend(0)
Hi Prasad,
The ultimate liability lies with the owner of the factory. If the contract agreement with the civil contractor is silent on workmen's compensation and there is no insurance for the workmen, then the owner has to bear the responsibility.
From India, Hyderabad
Acknowledge(0)Amend(0)
The ultimate liability lies with the owner of the factory. If the contract agreement with the civil contractor is silent on workmen's compensation and there is no insurance for the workmen, then the owner has to bear the responsibility.
From India, Hyderabad
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Workmens Compensation Act 1923.doc
COVID19_ Guide To Legal Issues On Employment And Workplace.pdf