Dear Varghese ji,
Why do you feel that the EC Act is not applicable in this case? Can you please enlighten me on it?
The definition of workmen under the EC Act includes master seamen or other members of the crew of a ship. There are special provisions in section 15 relating to masters and seamen. Therefore, in my view, the employer is liable. However, the case is now time-barred, as I mentioned earlier.
From India, Mumbai
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2584Why do you feel that the EC Act is not applicable in this case? Can you please enlighten me on it?
The definition of workmen under the EC Act includes master seamen or other members of the crew of a ship. There are special provisions in section 15 relating to masters and seamen. Therefore, in my view, the employer is liable. However, the case is now time-barred, as I mentioned earlier.
From India, Mumbai
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Dear Srivastava ji,
To better understand your case by all the members, I summarize it as follows:
Your brother-in-law was employed by Bramco India Pvt. Ltd. but was posted in Bahrain.
He died in an accident in Bahrain during a party organized by his company on a boat hired by the company.
The boat was overloaded, leading to the accident.
A total of 58 persons died in the accident, including your brother-in-law and his wife.
I hope the above summary is correct.
Now, I have the following questions for you:
1. Were the other 56 persons who died in the accident employees of the company?
2. Were they Indians?
3. Has any compensation been paid to them by the company or the owner of the boat?
4. If not, what action has been taken?
I initially understood your case differently. Your brother-in-law was not employed on the ship.
The accident occurred in a foreign country, involving international law.
Though the case is time-barred now, you are advised to seek expert advice and take immediate steps accordingly.
If the other victims were Indian and their families have not received any compensation from the company or the owner of the boat, please find out the contacts of the families and make a joint representation.
Other members are requested to comment on this.
From India, Mumbai
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To better understand your case by all the members, I summarize it as follows:
Your brother-in-law was employed by Bramco India Pvt. Ltd. but was posted in Bahrain.
He died in an accident in Bahrain during a party organized by his company on a boat hired by the company.
The boat was overloaded, leading to the accident.
A total of 58 persons died in the accident, including your brother-in-law and his wife.
I hope the above summary is correct.
Now, I have the following questions for you:
1. Were the other 56 persons who died in the accident employees of the company?
2. Were they Indians?
3. Has any compensation been paid to them by the company or the owner of the boat?
4. If not, what action has been taken?
I initially understood your case differently. Your brother-in-law was not employed on the ship.
The accident occurred in a foreign country, involving international law.
Though the case is time-barred now, you are advised to seek expert advice and take immediate steps accordingly.
If the other victims were Indian and their families have not received any compensation from the company or the owner of the boat, please find out the contacts of the families and make a joint representation.
Other members are requested to comment on this.
From India, Mumbai
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Section 15 is applicable to employees who are masters of a ship and seamen. In this case, the deceased was not the master or a seaman of any ship. He died in an accident that 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 meets the definition of an employee under the Act.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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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 within the factory's jurisdiction. Also, contact the union leaders of the steel company to settle claims as per your requirements through negotiation. If needed, you can demonstrate in front of the factory gate demanding justice. In my opinion, the company has to pay compensation at least equivalent to the lifetime salary that would have been earned by your son.
Best regards,
BS Gopala Krishna
Email: bskrishnagopala@gmail.com
From India, Bangalore
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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 within the factory's jurisdiction. Also, contact the union leaders of the steel company to settle claims as per your requirements through negotiation. If needed, you can demonstrate in front of the factory gate demanding justice. In my opinion, the company has to pay compensation at least equivalent to the lifetime salary that would have been earned by your son.
Best regards,
BS Gopala Krishna
Email: bskrishnagopala@gmail.com
From India, Bangalore
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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
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From United States, Columbus
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Dear saswatabanerjee, The accident had happened in India. This case is not belongs to USA.
From United States, Columbus
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From United States, Columbus
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Oh, ok.
The location of your posts is showing as USA, so I thought you are based in the USA.
Many companies provide group insurance paid by the company as a means of covering the risk of liability under the Employee Compensation Act (the act was earlier called Workman Compensation Act, name changed with a 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 cannot comment on whether it is 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 labor office with all details and documents and explain to the chief commissioner or whoever is the authority on 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 then initiate an inquiry and ensure that the compensation is given 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), then you can directly approach the insurance company for the money independent of the process under EC act.
Hope this is of help to you.
Our seniors will correct any errors I may have made in the process above.
From India, Mumbai
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The location of your posts is showing as USA, so I thought you are based in the USA.
Many companies provide group insurance paid by the company as a means of covering the risk of liability under the Employee Compensation Act (the act was earlier called Workman Compensation Act, name changed with a 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 cannot comment on whether it is 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 labor office with all details and documents and explain to the chief commissioner or whoever is the authority on 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 then initiate an inquiry and ensure that the compensation is given 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), then you can directly approach the insurance company for the money independent of the process under EC act.
Hope this is of help to you.
Our seniors will correct any errors I may have made in the process above.
From India, Mumbai
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Dear ASrivastava,
Though the company organized 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 the appropriate channel.
From India, Bokaro
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Though the company organized 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 the appropriate channel.
From India, Bokaro
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Sir,
Generally, companies will receive payment as per the workmen's compensation award given by the Joint Commissioner of Labour. After that, the employer will receive the GPA insurance amount from the insurance company. If the GPA amount exceeds the workmen's compensation award, the balance amount will also be paid to the nominee and children of the deceased.
Please inform in writing the Commissioner of Labour, Director of Factories, District Collector, and send a copy to the employer. All the appropriate authorities will assist you in this regard.
L. S. RAO
From India, Vijayawada
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Generally, companies will receive payment as per the workmen's compensation award given by the Joint Commissioner of Labour. After that, the employer will receive the GPA insurance amount from the insurance company. If the GPA amount exceeds the workmen's compensation award, the balance amount will also be paid to the nominee and children of the deceased.
Please inform in writing the Commissioner of Labour, Director of Factories, District Collector, and send a copy to the employer. All the appropriate authorities will assist you in this regard.
L. S. RAO
From India, Vijayawada
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