Dear Varghese ji,
Why you felt that the EC Act is not applicable in this case? Can you please enlight on it?
Definition of workmen under the EC Act includes master seaman or other member of the crew of a ship. There is a special provisions in section 15 relating to master and seamen. Therefore in my view, the employer is liable. Howerver, the case is now time barred as I said earlier.
From India, Mumbai
2556Why you felt that the EC Act is not applicable in this case? Can you please enlight on it?
Definition of workmen under the EC Act includes master seaman or other member of the crew of a ship. There is a special provisions in section 15 relating to master and seamen. Therefore in my view, the employer is liable. Howerver, the case is now time barred as I said earlier.
From India, Mumbai
Dear Srivastava ji,
To understand your case better by all the members, I summarise it as under:
Your brother in law was employed by Bramco India Pvt. Ltd. but posted in Bahrain.
He died in accident in Bahrain during the party organized by his company. The party was on boat hired by the company.
The boat was overloaded due to which the accident occurred.
Total 58 persons died in the accident including brother in law and his wife.
I hope the above summary is correct.
Now I have following questions to you.
1. The other 56 persons who died in the accident, were they employed by the company?
2. Were they Indians?
3. Is any compensation is paid to them by company or the owner of boat?
4. If not, what action taken by them?
Your case I understood earlier differently. Your brother in law was not employed on ship.
The accident occurred in foreign country. International law involves in this case.
Though the case is time barred now, you are advise to take expert advise and take immediate steps as per the expert.
If the other victims were Indian and their families are not paid any compensation by the company or the owner of the boat, find out the contacts of the families and make joint representation.
Other members are requested to comment on it.
From India, Mumbai
To understand your case better by all the members, I summarise it as under:
Your brother in law was employed by Bramco India Pvt. Ltd. but posted in Bahrain.
He died in accident in Bahrain during the party organized by his company. The party was on boat hired by the company.
The boat was overloaded due to which the accident occurred.
Total 58 persons died in the accident including brother in law and his wife.
I hope the above summary is correct.
Now I have following questions to you.
1. The other 56 persons who died in the accident, were they employed by the company?
2. Were they Indians?
3. Is any compensation is paid to them by company or the owner of boat?
4. If not, what action taken by them?
Your case I understood earlier differently. Your brother in law was not employed on ship.
The accident occurred in foreign country. International law involves in this case.
Though the case is time barred now, you are advise to take expert advise and take immediate steps as per the expert.
If the other victims were Indian and their families are not paid any compensation by the company or the owner of the boat, find out the contacts of the families and make joint representation.
Other members are requested to comment on it.
From India, Mumbai
Section 15 is applicable to employees who are masters of ship and seamen.In this case the deceased was not master or seamen of any ship. He died in accident happened to a boat hired by his employer for a purpose which was not out of employment.The data is inadequate to prove whether he meet the defi nition of employee under the Act.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
Dear Mr Prasadji,
What was the cause of the accident.
You can file a criminal case against the company for causing death by negligence by filing a police complaint with in the factory jurisdiction.
Also contact the union leaders of the steel company to settle claims as per your requirement through negotiation. If need be you can demonstrate in front of factory gate demanding justice.
According to me the company has to pay compensation at least equivalent to life time salary that would have been earned by your son.
BS Gopala krishna
From India, Bangalore
What was the cause of the accident.
You can file a criminal case against the company for causing death by negligence by filing a police complaint with in the factory jurisdiction.
Also contact the union leaders of the steel company to settle claims as per your requirement through negotiation. If need be you can demonstrate in front of factory gate demanding justice.
According to me the company has to pay compensation at least equivalent to life time salary that would have been earned by your son.
BS Gopala krishna
From India, Bangalore
Dear Gopala krishna ji, Oxygen pipe was blast during working in company at eleventh hour. he was working as a officer(Engineer) in the company.
From United States, Columbus
From United States, Columbus
Dear saswatabanerjee, The accident had happened in India. This case is not belongs to USA.
From United States, Columbus
From United States, Columbus
Oh, ok
The location of your posts are showing as USA, so I thought you are based in USA.
Many companies provide group insurance paid by the company as a means of covering the risk of liability under employee compensation act (the act was earlier called workman compensation act, name changed with definition to cover not only workers but all employees of the company). These group insurance covers are called WC Insurance, though they are actually a form of group accident cover.
I do not know the details of the cover taken by your company. So I can not comment of whether it is a WC insurance (which is now mandated by law) or a pure group accident cover. Irrespective of how the cover is designed, you are entitled to full compensation under EC act.
I would suggest you go to the labour office with all details and documents and explain to the chief commissioner or whoever is the authority the matter. He will be able to tell you the amount of compensation you are entitled to. There is a form you can fill and give him officially lodging a claim of compensation. The commissioner will the initiate an enquiry and ensure that the compensation is give to you. I understand the time limit for completing the process is 3 months to ensure there is no delay.
If you have a copy of the insurance cover, please see whether the money is due to the company or to you as the heir of your son. If the money is due to you (and not to the company), the you can directly approach the insurance company for the money independent of the process under EZc act.
Hope this is of help to you.
Our seniors will correct any error I may have made in the process above
From India, Mumbai
The location of your posts are showing as USA, so I thought you are based in USA.
Many companies provide group insurance paid by the company as a means of covering the risk of liability under employee compensation act (the act was earlier called workman compensation act, name changed with definition to cover not only workers but all employees of the company). These group insurance covers are called WC Insurance, though they are actually a form of group accident cover.
I do not know the details of the cover taken by your company. So I can not comment of whether it is a WC insurance (which is now mandated by law) or a pure group accident cover. Irrespective of how the cover is designed, you are entitled to full compensation under EC act.
I would suggest you go to the labour office with all details and documents and explain to the chief commissioner or whoever is the authority the matter. He will be able to tell you the amount of compensation you are entitled to. There is a form you can fill and give him officially lodging a claim of compensation. The commissioner will the initiate an enquiry and ensure that the compensation is give to you. I understand the time limit for completing the process is 3 months to ensure there is no delay.
If you have a copy of the insurance cover, please see whether the money is due to the company or to you as the heir of your son. If the money is due to you (and not to the company), the you can directly approach the insurance company for the money independent of the process under EZc act.
Hope this is of help to you.
Our seniors will correct any error I may have made in the process above
From India, Mumbai
Dear ASrivastava,
Though the compny organised the party,it is a debatable point under the Law whether this can be considered for compensation.However, you can take up your case with the company through appropriate channel.
From India, Bokaro
Though the compny organised the party,it is a debatable point under the Law whether this can be considered for compensation.However, you can take up your case with the company through appropriate channel.
From India, Bokaro
Sir,
Generally companies will be made PAYMENT as per workmen compensation award given by Joint Commissioner of Labour. After that the employer will get GPA Insurance amount from the insurance Company. If GPA amount will be more than Workmen compensation award, the balance amount will also be paid to the nominee and children of deceased.
please Inform in writing to Commissioner of labour, Director of Factories,District collector and send a copy to the Employer.All the appropriate will help you in this regard.
L S RAO
From India, Vijayawada
Generally companies will be made PAYMENT as per workmen compensation award given by Joint Commissioner of Labour. After that the employer will get GPA Insurance amount from the insurance Company. If GPA amount will be more than Workmen compensation award, the balance amount will also be paid to the nominee and children of deceased.
please Inform in writing to Commissioner of labour, Director of Factories,District collector and send a copy to the Employer.All the appropriate will help you in this regard.
L S RAO
From India, Vijayawada
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