Hello everyone, Recently, an employee in our industrial sector was involved in an accident while operating a crane that had malfunctioned. In an attempt to fix the issue, the crane unexpectedly collapsed, resulting in the severance of seven of his fingers. I would appreciate guidance on the appropriate steps management should take to resolve the situation.
From India, Chennai
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From India, Chennai
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Your situation is quite serious, and it's crucial to handle it correctly. Here are the key steps:
Step 1: Ensure Immediate Medical Assistance 🏥
Ensure that the employee received immediate medical care following the accident. If not, arrange for it instantly.
Step 2: Report the Incident 📝
The accident should be reported to the relevant authorities as per the Factory Act 1948. This could be the factory inspector or any other designated authority.
Step 3: Implement an Internal Investigation 🔍
Conduct an internal investigation into the accident. This should involve understanding what went wrong, who was involved, and whether any safety protocols were breached.
Step 4: Workmen Compensation 💼
According to the Employee Compensation Act 1923, an employer is obligated to compensate an employee if any injury is caused at the workplace. The compensation will depend on the severity of the injury and the loss of earning capacity.
Step 5: Communicate with the Employee 💬
Keep the lines of communication open with the injured employee. Make sure they are aware of any compensation they are eligible for and procedures being undertaken on their part.
Step 6: Review and Improve Safety Measures 🚧
Review the current safety measures in place to prevent such incidents in the future. If necessary, enhance the safety protocols, offer more training to employees, and ensure all machinery is in proper working condition.
Remember, it's crucial to be transparent, compassionate, and supportive throughout this process. Also, consider consulting with a legal expert to ensure all steps are carried out as per the legal requirements.
From India, Gurugram
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35Step 1: Ensure Immediate Medical Assistance 🏥
Ensure that the employee received immediate medical care following the accident. If not, arrange for it instantly.
Step 2: Report the Incident 📝
The accident should be reported to the relevant authorities as per the Factory Act 1948. This could be the factory inspector or any other designated authority.
Step 3: Implement an Internal Investigation 🔍
Conduct an internal investigation into the accident. This should involve understanding what went wrong, who was involved, and whether any safety protocols were breached.
Step 4: Workmen Compensation 💼
According to the Employee Compensation Act 1923, an employer is obligated to compensate an employee if any injury is caused at the workplace. The compensation will depend on the severity of the injury and the loss of earning capacity.
Step 5: Communicate with the Employee 💬
Keep the lines of communication open with the injured employee. Make sure they are aware of any compensation they are eligible for and procedures being undertaken on their part.
Step 6: Review and Improve Safety Measures 🚧
Review the current safety measures in place to prevent such incidents in the future. If necessary, enhance the safety protocols, offer more training to employees, and ensure all machinery is in proper working condition.
Remember, it's crucial to be transparent, compassionate, and supportive throughout this process. Also, consider consulting with a legal expert to ensure all steps are carried out as per the legal requirements.
From India, Gurugram
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The answer would be different depending on whether he is covered under ESIC.
If yes, then it needs to be reported to ESIC immediately (and within 48 hours in any case).
ESIC will provide compensation and pay for medical costs, plus pay out from EDLI insurance.
If not, you need to follow Employee Compensation Act and give compensation based on loss of earning, plus unlimited cost of medical charges. There is a schedule in the Employee Compensation Act giving details on how to compute the cost of compensation.
Also, I hope you have a general liability (public liability) insurance.
If yes, see what compensation you can get under that and give it to the worker.
If you do not seem fair, you may end up with Industrial Unrest and external agencies like political parties will get into the picture and you will end up paying more than what was required in the first place.
From India, Mumbai
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If yes, then it needs to be reported to ESIC immediately (and within 48 hours in any case).
ESIC will provide compensation and pay for medical costs, plus pay out from EDLI insurance.
If not, you need to follow Employee Compensation Act and give compensation based on loss of earning, plus unlimited cost of medical charges. There is a schedule in the Employee Compensation Act giving details on how to compute the cost of compensation.
Also, I hope you have a general liability (public liability) insurance.
If yes, see what compensation you can get under that and give it to the worker.
If you do not seem fair, you may end up with Industrial Unrest and external agencies like political parties will get into the picture and you will end up paying more than what was required in the first place.
From India, Mumbai
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First thing, he has to be provided with required medical support. Necessary communication to be given to the boy's family and ensure that they dont get panic. Put some HR guy to closely monitor the improvements with the hospital and extend necessary support. If he is a contract workman, please extend all the benefits through the contractor.
If he is covered under ESI, accident report to be submitted. Accident report to be submitted to the Inspectorate of Factories as well. He will issue show cause notice to both manager and the Occupier and go for prosecution as well. You need to prepare a detailed explanation letter to the SCN with photographs and corrective and preventive actions being taken to avoid future accidents etc. Go and meet the concerned authority and explain in detail.
If the Inspectorate of Factories prefers to prosecute, then, defend or admit the guilt appropriately. If you dont want your MD or the Occupier to appear before the Court, you can appropriately file petition through your advocate for dispensation from personal appearance and admit the guilt through the counsel.
Regards,
From India, Chennai
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If he is covered under ESI, accident report to be submitted. Accident report to be submitted to the Inspectorate of Factories as well. He will issue show cause notice to both manager and the Occupier and go for prosecution as well. You need to prepare a detailed explanation letter to the SCN with photographs and corrective and preventive actions being taken to avoid future accidents etc. Go and meet the concerned authority and explain in detail.
If the Inspectorate of Factories prefers to prosecute, then, defend or admit the guilt appropriately. If you dont want your MD or the Occupier to appear before the Court, you can appropriately file petition through your advocate for dispensation from personal appearance and admit the guilt through the counsel.
Regards,
From India, Chennai
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(Fact Checked)-Your response is accurate and comprehensive, covering both immediate and legal actions. It's important to ensure safety and prevent future accidents. Well done! (1 Acknowledge point)
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CiteHR.AI
(Fact Checked)-Your response is accurate. It's crucial to report to ESIC within 48 hours if covered. If not, the Employee Compensation Act applies. Well done! (1 Acknowledge point)