dipil
713

Dear All
I would like to know the calculations regarding the compensation to be paid to the victim in case of Accident causing Fatality / Permananet Disability.
Please let me know the statuatory requirements regaring this... Can anyone please come up with an example...
Thanks in advance.
With regards,
Dipil Kumar V

From India
raghuvaran chakkaravarthy
497

Dear dipil,
Its depends upon the company Mr.dipil. What i suggest about your query better you will discuss with your HR he/she will provide the exact detail.
In my company they will provide all details on very first day of ORIENTATION. i.e., compensation,insurence etccc.,,,
Note; Please refer the state law too.

From United States, Fpo
pon1965
604

If the decesed covered under ESI, the dependents will get compensation as per ESI act. If not, compensation payable under Workman Compensation Act. The Lab. commissioner will award the compensation payable to the dependents. The company can claim the compensation payable from the Insurance companies if they have taken the W.C.policy for all workmen.
Pon

From India, Lucknow
dipil
713

Dear Raghu

First of all thanks a lot for bring back this old query... Also thanks a lot for your input... We are having seperate ER department who is dealing with all the statuatory part... But I am not getting much help much help/support from them to learn the things due to many reasons... So bring this question into the forum long back...

Dear Pon

Our organization is not covered under ESI Act... But all the workers are cover under Workmen Compensation Policy...

Now can you help me in clear the following:

1. Is this Workmen's Compensation Act is common to all states or like wise factories rules, its different for different state?

2. Is there any clause in Factoris Act or Rules regarding the compensation to be paid to the victim of the accident?

The compensation calculation is very clear from the act... I have gone through it after starting this thread only... It's available in net... But still a lot basic doubt regarding Factories Act, Workmen Compensation Act existing in my mind... Hope with the help of forum members I can sharpen my skills...

Thanks in advance...

From India
pon1965
604

Dear Dipil, W.C.Act is common to all states (may be exclusion to J&K). Compensation is to be paid as per W.C.Act only. Read WC Act for different types of compensation. Pon
From India, Lucknow
dipil
713

Dear Pon
Thanks a lot for the reply.
Can you please clear my below doubt on Factories Act:
In the starting page of Factories Act it is mentioned like Act No. 63 of 1948. What is this 63 number denoting.
Please help in clearling the doubt.

From India
Kesava Pillai
252

Dear Friends,
Government yearly enacts many acts.
As the new year starts, it starts with Act 1 of that year and the serial numbers run through the end of the year to start with Act # 1 again next year.
Factories act was passed as the 63rd one in the year 1948, and it was on 23rd September 1948.
It means in the year 1948 before Factories Act, other 62 Acts were passed.
Hope it is clear.
Regards,
Kesava Pillai

From India, Kollam
dipil
713

Dear Sir
Thanks for your input into the thread and for clearing the doubt. I was asked this question to one trainer when he was imparting training on Factories Act, but he fails to give answer as what you said. Thanks once again.
@Pon
Thanks for your reply. Keep on sharing your expertise with us.

From India
shashikant mane
Dear Friend
As per my concern compensation is being calculated by age of victim and the relevant factor i.e 50% of monthly wages into relevant factor.
There are diff.relevant factors according to age of victim less a age relavent factor is high eg. 22 year =RF is 282.54---age increase factor decrease

From India, Indore
call2me
Respected Seniors,

Hi , I have few queries regarding HR practices : -

1) I am working with a new organisation since early in this year. The company establised in the mid of last year. As on day when ever any employ is asking for the HR policy of the company, the local HR and Head office HR is neglecting the request. Always they were telling that the policy making is under process. My query is that is is possible that a company can run without having a HR policies or regulations. How much time the company can utilise to prepare the policy. As on date they has not issued a PF/ESI nos. & single month salary slips to any employees. What we will have to do in tis regards. Kindly Suggest.

2) One of the employye has met with a road accident while working on duty and get her leg injured fractured seviourly. She has been hospitalized fro 10 days and undergone with the medical treatment and major operations. She is been released from the hospital and doctors has adviced him to take bed rest for 2-3 months. Since she is been accidented in the 1st week of June '11 and she had a PL leave balance of 12 days with him. The company has deducted the salary of the month after deducting PL balance leave. I was asking about the mediclaim policy of the company but company has not prepared the mediclaim policy. My question is that it is a right step of the company. Is there is any provision in any act to claim the deducted amount & full salary of the month while on period of the treatment as prescribed by the doctor. Also did company has to deduct the PL leave for that period.

3) Is it possible that the company has no Casual leave provision with them. I am bit confused.

Hope any one will having the expert advise to me on my queries of the above points.

Thanks

Saurabh

From India, Patna
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