Dear All,
In each country, a Human Rights Commission is located. Visit the local Human Rights Commission office either in America or in Bahrain, understand the local laws and procedures, then go through the Labour Commissioner or Labour Department. Furthermore, an Indian Embassy may also be located. Seek their assistance to understand the local laws in addition to what Mr. L. Ramesh had stated.
From India, Bangalore
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43In each country, a Human Rights Commission is located. Visit the local Human Rights Commission office either in America or in Bahrain, understand the local laws and procedures, then go through the Labour Commissioner or Labour Department. Furthermore, an Indian Embassy may also be located. Seek their assistance to understand the local laws in addition to what Mr. L. Ramesh had stated.
From India, Bangalore
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Dear Varghese ji, What you said is correct. Initially I was misunderstood. Latter on I summarised the whole matter as under:
From India, Mumbai
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From India, Mumbai
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Dear friends,
The tragic employment accident mentioned by Mr. Harihar Prasad is still not clear whether it is a case of a fatal accident to an Indian employee while employed abroad or in India. However, the accident mentioned by Mr. Srivatsava is clearly a case of a fatal accident to an Indian employee employed by a company registered in India while working abroad. Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act, 1923, I share my viewpoints in respect of both cases as follows:
Section 15-B of the E.C Act, 1923 provides for special provisions relating to workmen abroad of companies and motor vehicles. Other things remaining the same or similar:
(1) The first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2) The notice of the accident and the claim for compensation may be served on the local agent of the company in the country of the accident.
(3) Ordinarily, in the case of the death of the workman in respect of whom the provisions of Section 15-B are applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant. However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence, a claim can be preferred by the dependents of the victim of the Bahrain employment accident even now.
Regarding Mr. Harihar Prasad's case, I fully endorse the views of Mr. Korgaonkar. If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier.
From India, Salem
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The tragic employment accident mentioned by Mr. Harihar Prasad is still not clear whether it is a case of a fatal accident to an Indian employee while employed abroad or in India. However, the accident mentioned by Mr. Srivatsava is clearly a case of a fatal accident to an Indian employee employed by a company registered in India while working abroad. Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act, 1923, I share my viewpoints in respect of both cases as follows:
Section 15-B of the E.C Act, 1923 provides for special provisions relating to workmen abroad of companies and motor vehicles. Other things remaining the same or similar:
(1) The first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2) The notice of the accident and the claim for compensation may be served on the local agent of the company in the country of the accident.
(3) Ordinarily, in the case of the death of the workman in respect of whom the provisions of Section 15-B are applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant. However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence, a claim can be preferred by the dependents of the victim of the Bahrain employment accident even now.
Regarding Mr. Harihar Prasad's case, I fully endorse the views of Mr. Korgaonkar. If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier.
From India, Salem
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Dear Umakanthan, The accident had happened in India and employed in India by an Indian company. The accident was happened during working. Regards, Harihar Prasad
From United States, Columbus
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From United States, Columbus
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Dear Hari Prasadji,
As the dependent parents of your deceased son, your wife and you are entitled to compensation under the Employees Compensation Act, 1923, in addition to the proceeds of the Personal Accident Insurance and gratuity under the Payment of Gratuity Act, 1972. It would be advisable to engage a Counsel experienced in labor matters. They will guide you properly and make all the necessary arrangements.
Good luck to you!
From India, Salem
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As the dependent parents of your deceased son, your wife and you are entitled to compensation under the Employees Compensation Act, 1923, in addition to the proceeds of the Personal Accident Insurance and gratuity under the Payment of Gratuity Act, 1972. It would be advisable to engage a Counsel experienced in labor matters. They will guide you properly and make all the necessary arrangements.
Good luck to you!
From India, Salem
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Dear Harihar Prasad ji,
I once again reiterate that the employer is wrong in settling all your dues, including the claim under the EC Act, against the amount receivable under the GAP claim. Apart from the amount under the GAP claim, the company is liable to pay you compensation under the EC Act. However, if it is mentioned in the schedule of the GAI policy that the claim under this policy will discharge the employer's liability under the EC Act, in this case, the employer is right in settling the claim of the EC Act under the claim of GAI.
I remember having seen nearly 5-6 years back such a Group Insurance policy discharging the employer from liability under the WC Act. There are many private insurance companies, and they offer various kinds of products as per the need and charge premiums accordingly. You need to see the schedule of the policy and confirm that the said policy does not discharge the employer from the claim under EC and proceed further as advised by me or Shri. Umakanthan.
The same information was conveyed to your son who telephoned me. In fact, from him, I learned that the company claims that the EC claim is settled under the GAI. Therefore, you need to confirm it from the schedule of the policy. You are advised to obtain a copy of it either from the company or from the insurance company and forward me a scan at
.
From India, Mumbai
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I once again reiterate that the employer is wrong in settling all your dues, including the claim under the EC Act, against the amount receivable under the GAP claim. Apart from the amount under the GAP claim, the company is liable to pay you compensation under the EC Act. However, if it is mentioned in the schedule of the GAI policy that the claim under this policy will discharge the employer's liability under the EC Act, in this case, the employer is right in settling the claim of the EC Act under the claim of GAI.
I remember having seen nearly 5-6 years back such a Group Insurance policy discharging the employer from liability under the WC Act. There are many private insurance companies, and they offer various kinds of products as per the need and charge premiums accordingly. You need to see the schedule of the policy and confirm that the said policy does not discharge the employer from the claim under EC and proceed further as advised by me or Shri. Umakanthan.
The same information was conveyed to your son who telephoned me. In fact, from him, I learned that the company claims that the EC claim is settled under the GAI. Therefore, you need to confirm it from the schedule of the policy. You are advised to obtain a copy of it either from the company or from the insurance company and forward me a scan at
From India, Mumbai
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Dear Mr. Prasadji,
Kindly share the following details:
- Date of Accident
- Place of Accident
- Designation of victim
- Nature of work/Duties assigned
- Where was he treated immediately after the accident
- Post-mortem report - Cause of Death
- Police Report - Cause of Death
- Name of Company & address
- Company's financial standing, Nature of business, etc.
- Name & age of Victim
- Factories Inspector's report regarding the Accident
- Any other information available with you
- Management's First Information Letter to you
BS Gopala Krishna
From India, Bangalore
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Kindly share the following details:
- Date of Accident
- Place of Accident
- Designation of victim
- Nature of work/Duties assigned
- Where was he treated immediately after the accident
- Post-mortem report - Cause of Death
- Police Report - Cause of Death
- Name of Company & address
- Company's financial standing, Nature of business, etc.
- Name & age of Victim
- Factories Inspector's report regarding the Accident
- Any other information available with you
- Management's First Information Letter to you
BS Gopala Krishna
From India, Bangalore
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Dear sir,
The company is liable to pay under the Workmen's Compensation Act of 1923 for:
1) Group Accidental Insurance
2) Unpaid salary
3) Leave encashment
4) Gratuity
5) Bonus
6) PF dues
If the company rejects settling the above statutory payments, you can file a case before the Assistant Commissioner of Labour.
Compensation calculation under the Workmen's Compensation Act of 1923 is as follows:
Age factor of the deceased employee * salary * (percentage of loss) 50/100.
Thanks & Regards,
From India, Hyderabad
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The company is liable to pay under the Workmen's Compensation Act of 1923 for:
1) Group Accidental Insurance
2) Unpaid salary
3) Leave encashment
4) Gratuity
5) Bonus
6) PF dues
If the company rejects settling the above statutory payments, you can file a case before the Assistant Commissioner of Labour.
Compensation calculation under the Workmen's Compensation Act of 1923 is as follows:
Age factor of the deceased employee * salary * (percentage of loss) 50/100.
Thanks & Regards,
From India, Hyderabad
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Dear Pankaj and Srevastav,
In both of your cases, if it is related to outside India where one may be in America and the other in Bahrain, you need to ascertain the age of the person, his salary at the time of death, and what he would have earned up to the age of 60, had he lived.
Based on the deceased's total earnings for the rest of his life up to the age of 60, you should file the claim with:
a. The Indian Embassy in the country you are located
b. The Labour head of the country where the deceased worked
c. The human rights commission of the country where the deceased worked
Later, if you have not received the proper claim, you can challenge the orders of the above authorities in the appropriate court of law in that country. In other words, you should first decide what the appropriate claim is in consultation with local authorities or an advocate.
Mr. Srevastav mentioned that in Bahrain, no compensation is paid even after 7 years. Try to make a claim by sending the documents directly from India and through the Indian Embassy. Since nothing has been done in the last 7 years, I don't know what can be done now, but you can still try.
If the accident occurred in India, the suggestions have already been provided and the same could be implemented.
Have a wonderful day.
From India, Bangalore
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In both of your cases, if it is related to outside India where one may be in America and the other in Bahrain, you need to ascertain the age of the person, his salary at the time of death, and what he would have earned up to the age of 60, had he lived.
Based on the deceased's total earnings for the rest of his life up to the age of 60, you should file the claim with:
a. The Indian Embassy in the country you are located
b. The Labour head of the country where the deceased worked
c. The human rights commission of the country where the deceased worked
Later, if you have not received the proper claim, you can challenge the orders of the above authorities in the appropriate court of law in that country. In other words, you should first decide what the appropriate claim is in consultation with local authorities or an advocate.
Mr. Srevastav mentioned that in Bahrain, no compensation is paid even after 7 years. Try to make a claim by sending the documents directly from India and through the Indian Embassy. Since nothing has been done in the last 7 years, I don't know what can be done now, but you can still try.
If the accident occurred in India, the suggestions have already been provided and the same could be implemented.
Have a wonderful day.
From India, Bangalore
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In both cases, you can also file a claim with their registered company in India and the Commissioner of Labour of the state where you reside. Since the other death is not in America, as misunderstood, you should file your claim as advised by Umakanthan.M, Additional Commissioner of Labour (RTD), and other members: Vivian Chandrashekar, Advocate, and Management Consultant.
Contact details:
Phone: 9916138191
Email: advocatevivian@gmail.com
From India, Bangalore
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Contact details:
Phone: 9916138191
Email: advocatevivian@gmail.com
From India, Bangalore
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