Dear Dixon ji / Dear Abhijeet ji / Dear All Viewes, To suffice my above answers, I am attaching the judgement of Orissa HC in the matter of Sterlite Energy V. State of Orrissa.
From India, Mumbai
2556From India, Mumbai
Hi all
If an employe meets with accident , dies within the Factory /establishment, and the nearest police station is informed, FIR is lodged, the rest of the formalities such as sending accident report is only formalities. Sec. 88 (2) of the factories Act requires sending of notice within 24 hours, this has been already done , if you have informed the nearest police station. Fill up the accident report i.e form 24 and send it to the insurance company. If no claim is settled by inusrance company file a claim before the Employees Compensation Commissioner. within the prescribed limitation period
RL Dhingra , Advocate,
Labour Law Consultant Delhi
09818309937 email:rld_498@rediffmail.com
From India, Delhi
If an employe meets with accident , dies within the Factory /establishment, and the nearest police station is informed, FIR is lodged, the rest of the formalities such as sending accident report is only formalities. Sec. 88 (2) of the factories Act requires sending of notice within 24 hours, this has been already done , if you have informed the nearest police station. Fill up the accident report i.e form 24 and send it to the insurance company. If no claim is settled by inusrance company file a claim before the Employees Compensation Commissioner. within the prescribed limitation period
RL Dhingra , Advocate,
Labour Law Consultant Delhi
09818309937 email:rld_498@rediffmail.com
From India, Delhi
Dear Abhijeet,
Claim Under Workmen’s Compensation Act 192
(Now The Employees’ Compensation Act 1923)
For claiming compensation under the Act, there are two options available:
1. The legal heirs of the deceased can file a case against the employer with the Commissioner for Workmen’s Compensation which is there in every district. The Labour Court will issue notice to the employer who in turn can inform the Court that the compensation is payable by the Insurance Company. Normally the Court directs the Insurance Company to pay the compensation.
2. Alternatively the employer on his part has to submit the report of fatal accident in form EE to the Commissioner for Workmen’s Compensation with the relevant details, enclosing copy of Insurance policy. The Commissioner will conduct the hearing and pass necessary orders against the Insurance Company / employer.
3. Of course necessary papers will have to be submitted to the Insurance Company to settle the claim under WC policy
Whatever I have stated above is what we practise in Kerala which I believe is applicable to whole of India.
(N.K.Raveendran)
From India, Kozhikode
Claim Under Workmen’s Compensation Act 192
(Now The Employees’ Compensation Act 1923)
For claiming compensation under the Act, there are two options available:
1. The legal heirs of the deceased can file a case against the employer with the Commissioner for Workmen’s Compensation which is there in every district. The Labour Court will issue notice to the employer who in turn can inform the Court that the compensation is payable by the Insurance Company. Normally the Court directs the Insurance Company to pay the compensation.
2. Alternatively the employer on his part has to submit the report of fatal accident in form EE to the Commissioner for Workmen’s Compensation with the relevant details, enclosing copy of Insurance policy. The Commissioner will conduct the hearing and pass necessary orders against the Insurance Company / employer.
3. Of course necessary papers will have to be submitted to the Insurance Company to settle the claim under WC policy
Whatever I have stated above is what we practise in Kerala which I believe is applicable to whole of India.
(N.K.Raveendran)
From India, Kozhikode
Dear All,
Thanks for your kind suggestion. As i have told it is not possible to submit form 24 now. and I have only photocopy of wages paid voucher not original as it was misplaced by my previous HR Manager. Pls suggest
From India, Aurangabad
Thanks for your kind suggestion. As i have told it is not possible to submit form 24 now. and I have only photocopy of wages paid voucher not original as it was misplaced by my previous HR Manager. Pls suggest
From India, Aurangabad
Dear Hirea You can manage this issue. Please try within your level. I have already sent you a private message. Act accordingly.
From India, Kumbakonam
From India, Kumbakonam
Dear Seniors,
Thanks for your suggestion. As i have acted as per your guidelines. but now insurance company is asking to submit letter stating that give explaination about factory's act does not applicable to our company on company's letter head. will it be harmful to our company?
please suggest.
Regards,
Abhijeet Hire
+919011436868
From India, Aurangabad
Thanks for your suggestion. As i have acted as per your guidelines. but now insurance company is asking to submit letter stating that give explaination about factory's act does not applicable to our company on company's letter head. will it be harmful to our company?
please suggest.
Regards,
Abhijeet Hire
+919011436868
From India, Aurangabad
Dear All,
Thanks to all of you for your valuable suggestions.
Now we have received cheque in the name of WC Comissioner, and we have to recover our amount paid to deceased employee's family from cheque, as we have paid them advance amount till receiving cheque.
Deceased employee's legal heir given in written on 100 Rs. Stamp paper that they dont have any objection to pay our amount from the cheque received from insuring company.
Please help how we can recover that amount which was paid by our company in advance to the deceased family.
Regards,
Abhijeet
From India, Aurangabad
Thanks to all of you for your valuable suggestions.
Now we have received cheque in the name of WC Comissioner, and we have to recover our amount paid to deceased employee's family from cheque, as we have paid them advance amount till receiving cheque.
Deceased employee's legal heir given in written on 100 Rs. Stamp paper that they dont have any objection to pay our amount from the cheque received from insuring company.
Please help how we can recover that amount which was paid by our company in advance to the deceased family.
Regards,
Abhijeet
From India, Aurangabad
Dear Abhijeet
You should not pay any amount to the family/legal heir of the deceased. Whatever the compensation calculated, it should be directly paid to the Workmen Compensation Commissioner and the compensation amount must be paid by the WC Commissioner after verifying the necessary proof of the Legal heir. If you paid any amount directly to the family of victim it should be considered as Ex-gratia and not considered as compensation. Please refer Section 8 of WC Act for further clarification.
From India, Kumbakonam
You should not pay any amount to the family/legal heir of the deceased. Whatever the compensation calculated, it should be directly paid to the Workmen Compensation Commissioner and the compensation amount must be paid by the WC Commissioner after verifying the necessary proof of the Legal heir. If you paid any amount directly to the family of victim it should be considered as Ex-gratia and not considered as compensation. Please refer Section 8 of WC Act for further clarification.
From India, Kumbakonam
Dear Abhijeet,
As per Employee compensation Act, Firstly Employer have to report of any fatal accident to Workmen Compensation Commissioner within 07 days of accident & secondly within a month from of such happening employer has to deposit the compensation amount to Workmen Compensation Commissioner. No way in case of fatal accident any compensation can be paid directly by employer to heirs of deceased because its WC commissioner who calls the dependents (legal heirs) of deceased with proof / documents and after verifying the same distributes the compensation amount proportionately among the dependents.
In your case you have paid the compensation directly so please apprise your case to workmen compensation commissioner & show him all the documents (Compensation Cheque Copy, Declaration given by legal heirs) & try to get this settlement registered under him.
Thanks & regards,
Jaspal Negi
From India, Mumbai
As per Employee compensation Act, Firstly Employer have to report of any fatal accident to Workmen Compensation Commissioner within 07 days of accident & secondly within a month from of such happening employer has to deposit the compensation amount to Workmen Compensation Commissioner. No way in case of fatal accident any compensation can be paid directly by employer to heirs of deceased because its WC commissioner who calls the dependents (legal heirs) of deceased with proof / documents and after verifying the same distributes the compensation amount proportionately among the dependents.
In your case you have paid the compensation directly so please apprise your case to workmen compensation commissioner & show him all the documents (Compensation Cheque Copy, Declaration given by legal heirs) & try to get this settlement registered under him.
Thanks & regards,
Jaspal Negi
From India, Mumbai
Dear Jaspal
It seems that Abhijeet, Either has not remitted the compensation amount cheque to WC Commissioner within the month of fatal or failed to submit the photocopy of cheque and the acknowledgement duly issued by the WC Commissioner alongwith the insurance claim application. That's the reason the cheque has been issued in the name of WC Commissioner. If the legal heir is returning the amount paid as advance to Abhijeet then it is well and good. But if the legal heir deny to return the advance money paid to them, then Mr. Abhijeet cannot claim the same from legal heir, as Sec 8 of WC Act clearly spells that no amount to be given directly to the family/legal heir of the deceased and if the same is paid then it will be considered as Ex-gratia.
Appended below is the Section 8 of WC Act.
8. DISTRIBUTION OF COMPENSATION. - (1) No payment of compensation in respect of a workman whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the Commissioner, and no such payment made directly by an employer shall be deemed to be a payment of compensation :
Provided that, in the case of a deceased workman, an employer may make to any dependant advances on account of compensation of an amount equal to three months' wages of such workman and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the Commissioner from such compensation and repaid to the employer.
(2) Any other sum amounting to not less than ten rupees which is payable as compensation may be deposited with the Commissioner on behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of any compensation deposited with him.
(4) On the deposit of any money under sub-section (1), as compensation in respect of a deceased workman the Commissioner shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation.
If the Commissioner is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid.
The Commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made.
(5) Compensation deposited in respect of a deceased workman shall, subject to any deduction made under sub-section (4), be apportioned among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one dependant.
(6) Where any compensation deposited with the Commissioner is payable to any person, the Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the Commissioner may direct; and where a half-monthly payment is payable to any person under a legal disability, the Commissioner may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the workman or to any other person, whom the Commissioner thinks best fitted to provide for the welfare of the workman.
(8) Where, on application made to him in this behalf or otherwise, the Commissioner is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the Commissioner as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may make such orders for the variation of the former order as he thinks just in the circumstances of the case :
Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him.
(9) Where the Commissioner varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in section 31
From India, Kumbakonam
It seems that Abhijeet, Either has not remitted the compensation amount cheque to WC Commissioner within the month of fatal or failed to submit the photocopy of cheque and the acknowledgement duly issued by the WC Commissioner alongwith the insurance claim application. That's the reason the cheque has been issued in the name of WC Commissioner. If the legal heir is returning the amount paid as advance to Abhijeet then it is well and good. But if the legal heir deny to return the advance money paid to them, then Mr. Abhijeet cannot claim the same from legal heir, as Sec 8 of WC Act clearly spells that no amount to be given directly to the family/legal heir of the deceased and if the same is paid then it will be considered as Ex-gratia.
Appended below is the Section 8 of WC Act.
8. DISTRIBUTION OF COMPENSATION. - (1) No payment of compensation in respect of a workman whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the Commissioner, and no such payment made directly by an employer shall be deemed to be a payment of compensation :
Provided that, in the case of a deceased workman, an employer may make to any dependant advances on account of compensation of an amount equal to three months' wages of such workman and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the Commissioner from such compensation and repaid to the employer.
(2) Any other sum amounting to not less than ten rupees which is payable as compensation may be deposited with the Commissioner on behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of any compensation deposited with him.
(4) On the deposit of any money under sub-section (1), as compensation in respect of a deceased workman the Commissioner shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation.
If the Commissioner is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid.
The Commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made.
(5) Compensation deposited in respect of a deceased workman shall, subject to any deduction made under sub-section (4), be apportioned among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one dependant.
(6) Where any compensation deposited with the Commissioner is payable to any person, the Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the Commissioner may direct; and where a half-monthly payment is payable to any person under a legal disability, the Commissioner may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the workman or to any other person, whom the Commissioner thinks best fitted to provide for the welfare of the workman.
(8) Where, on application made to him in this behalf or otherwise, the Commissioner is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the Commissioner as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may make such orders for the variation of the former order as he thinks just in the circumstances of the case :
Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him.
(9) Where the Commissioner varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in section 31
From India, Kumbakonam
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