Dear Seniors, We are a manufacturing company an MIDC - Pune. We do have weekly off on Thursday. As currently the production at peak level we do work on Thursdays . Yesterday 25th March, 2010 at 7.00 pm one of our employees met with an accident. His right hand was severely injured ( 9 stitches )
I want to confirm can we prepare the accident report of Thursday??
What would be the legal implication of the same???
From India, Pune
46I want to confirm can we prepare the accident report of Thursday??
What would be the legal implication of the same???
From India, Pune
Dear Prashant,
As per your brief statement you were taking work from the concerned workman on weekly off day & thus he was working on OT at that time.Accident occurred while he was performing his duties & therefore you are to send the accident report both to the ESIC & Inspector of Factories of your area. The area F I will investigate the causes of accident & if it is found that you have not provided adequate safety measures & the accident happened due to the fault of the management then he may take legal action as per the Factories Act, 1948 for not providing safety measures. You must be knowing that we are also to sent accident report to ESIC under ESI Act, 1948. By this the workman will get treatment & other benefit.
With Regards,
R.N.Khola
From India, Delhi
As per your brief statement you were taking work from the concerned workman on weekly off day & thus he was working on OT at that time.Accident occurred while he was performing his duties & therefore you are to send the accident report both to the ESIC & Inspector of Factories of your area. The area F I will investigate the causes of accident & if it is found that you have not provided adequate safety measures & the accident happened due to the fault of the management then he may take legal action as per the Factories Act, 1948 for not providing safety measures. You must be knowing that we are also to sent accident report to ESIC under ESI Act, 1948. By this the workman will get treatment & other benefit.
With Regards,
R.N.Khola
From India, Delhi
Thanks Mr. Khola, For your precise reply. But I want to confirm if we are asking the workers to work on Weekly Off what action Factory Inspector can take against the company???
From India, Pune
From India, Pune
Dear Prashant, For better understanding you may go through chapter VI on 'working hours of adults' under Factories Act. Regards, R N Khola
From India, Delhi
From India, Delhi
Nothing to worry,
Asp per Esic if workmen met an accident during,or course of employement,as employer youhave to submit accident report in form 16 with in 24hr's ,then IP can avail all benefits under esic.same to be updated in factories register (dangerous and accident occurance). ip person can also avail temporary disbalement benefit incase he loss his earning capacity more than 3 days.due to injury.
with regrds
naresh
From India, Hyderabad
Asp per Esic if workmen met an accident during,or course of employement,as employer youhave to submit accident report in form 16 with in 24hr's ,then IP can avail all benefits under esic.same to be updated in factories register (dangerous and accident occurance). ip person can also avail temporary disbalement benefit incase he loss his earning capacity more than 3 days.due to injury.
with regrds
naresh
From India, Hyderabad
Dear Prashant,
As far as ESIC is concerned they would like to make sure that the accident has happened in course and out of employment. Local office manager is required to make inquiry and decide on compensation. If S/he is satisfied the case will be sent for disability assessment if there is permanent disability at all.
AS far as Factory Act is concerned they must see if you are paying the workers OT at double the rate and that total week hours do not cross the limit of 48 hours. Normally, now since State Govts do not have adequate man power to implement F.Act you do not need to worry. Diwali is not around or you might have ended up raising Diwali amt! In era pf Globalization and privatization, Govt is lax in implementing labor laws.
Jagdish Patel
From India, Coimbatore
As far as ESIC is concerned they would like to make sure that the accident has happened in course and out of employment. Local office manager is required to make inquiry and decide on compensation. If S/he is satisfied the case will be sent for disability assessment if there is permanent disability at all.
AS far as Factory Act is concerned they must see if you are paying the workers OT at double the rate and that total week hours do not cross the limit of 48 hours. Normally, now since State Govts do not have adequate man power to implement F.Act you do not need to worry. Diwali is not around or you might have ended up raising Diwali amt! In era pf Globalization and privatization, Govt is lax in implementing labor laws.
Jagdish Patel
From India, Coimbatore
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