Hello friends, I have given a contract to a contractor to fit asbestos sheets as the roof of a godown under construction. The contractor, while fitting the sheet, fell and died.
Liability Under the Workmen's Compensation Act
1) Am I liable to pay compensation to him under the Workmen's Compensation Act?
Defense as the Principal Employer
2) What defense do I have as the principal employer?
Compensation Notice and Penalties
3) The accident occurred in September 2013. I received a notice for compensation last month, March 2015. If I am liable to pay compensation, am I also liable to pay interest and penalties?
Notification of the Labor Inspector
4) I had not informed the labor inspector regarding the accident, as I was unaware of such a requirement. However, an FIR was lodged, a PM was done, and the funeral was performed alongside the family members of the victim.
Kindly respond to my queries as soon as possible as my first hearing is on 20th April. What defense does an employee avail in such cases?
From India, Korba
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Liability Under the Workmen's Compensation Act
1) Am I liable to pay compensation to him under the Workmen's Compensation Act?
Defense as the Principal Employer
2) What defense do I have as the principal employer?
Compensation Notice and Penalties
3) The accident occurred in September 2013. I received a notice for compensation last month, March 2015. If I am liable to pay compensation, am I also liable to pay interest and penalties?
Notification of the Labor Inspector
4) I had not informed the labor inspector regarding the accident, as I was unaware of such a requirement. However, an FIR was lodged, a PM was done, and the funeral was performed alongside the family members of the victim.
Kindly respond to my queries as soon as possible as my first hearing is on 20th April. What defense does an employee avail in such cases?
From India, Korba
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Answers:
1. Yes, you will be liable.
2. The minimum compensation was R80000 (Please check out the figure as it may have been revised).
3. For questions 3 and 4, please consult a specialist lawyer who deals with compensation claims for the best advice.
The defence that the contractor (deceased) willfully neglected safety precautions or removed safety belt, etc. However, my personal advice would be to avoid making such false excuses and pay the compensation due with interest, etc.
From India, Pune
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31801. Yes, you will be liable.
2. The minimum compensation was R80000 (Please check out the figure as it may have been revised).
3. For questions 3 and 4, please consult a specialist lawyer who deals with compensation claims for the best advice.
The defence that the contractor (deceased) willfully neglected safety precautions or removed safety belt, etc. However, my personal advice would be to avoid making such false excuses and pay the compensation due with interest, etc.
From India, Pune
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EMPLOYER COMPENSATION AS PER W.C. ACT.doc
The Workmen's Compensation Act 1923.pdf