i have one quarry, one of our employee mate with an accident while on duty and expired after 4 days in hospital during treatment. he was working as senior manager production. Being he was working as senior manager production had we need to informed factory inspector about his accident?
In this matter we informed to local police and also settled all dues with written agreement with his wife.Workmen compensation also paid to his wife through WC court.
After submitted all settlement/ relevant papers to police still they are asking us to get report from factory inspector office.
Being as manager is we need to inform factory inspector office about this accident?
Please advise us.
From India, Nasik
In this matter we informed to local police and also settled all dues with written agreement with his wife.Workmen compensation also paid to his wife through WC court.
After submitted all settlement/ relevant papers to police still they are asking us to get report from factory inspector office.
Being as manager is we need to inform factory inspector office about this accident?
Please advise us.
From India, Nasik
YES, you need to also inform the Factory Inspector if the accident that resulted in the death of the individual has occurred within the factory premises. He will visit (inspect) the factory/establishment and will carry out investigation (if he feels the need to do so) and will submit his report.
You generally need all these documents for settlement of his WC, I wonder how WC was paid out without the FI's report. You also need to apply for the member's PF, pension and Insurance amount (from PF).
Good Luck, A.B.
From India, Mumbai
37You generally need all these documents for settlement of his WC, I wonder how WC was paid out without the FI's report. You also need to apply for the member's PF, pension and Insurance amount (from PF).
Good Luck, A.B.
From India, Mumbai
Yes. you need to inform Factory Inspector about the death and accident took place at your factory premises. Also submit all the dues paid to the victim's wife, so that you don't held liable for further payment of compensation. And this information needs to be updated in Accident Register also
From India, Mumbai
From India, Mumbai
Dear friend,
Pl see the definition of " Worker" u/s 2(l) of the Factories Act,1948. Every person employed in any manufacturing process or in any other work incidental to or connected with the mfg process is a worker under the Act. So, a senior manager production is also a worker and the accident, if happened within the premises of the factory while he was on duty, has to be reported u/s 88 of the Act.
From India, Salem
Pl see the definition of " Worker" u/s 2(l) of the Factories Act,1948. Every person employed in any manufacturing process or in any other work incidental to or connected with the mfg process is a worker under the Act. So, a senior manager production is also a worker and the accident, if happened within the premises of the factory while he was on duty, has to be reported u/s 88 of the Act.
From India, Salem
Submitted Form No. 21 within 42 hrs. to DISH office. This is legal requirement as per Factories act.
From India, Bhubaneswar
From India, Bhubaneswar
It's always necessary to inform/report formally the Factory Inspector irrespective of whether or not the person(s) involved within the purview so far as when it happens within the precincts of the Factory. This will avoid lots of complications and implications. It's also desirable to apply this reporting even when it's happened outside the 'precincts but in the course of employment' .Such an action will save us from the blues of 'not reporting', better is always better.
kumar.s.
From India, Bangalore
kumar.s.
From India, Bangalore
It is to be informed to the Factory Inspectorate through report. Inspection will be made by them. Further, a show cause notice will be issued to the Occupier and since it is Fatal Accident, a case will also be filed in the court against the Occupier. Finally a fine will be imposed.Some of the Judges insist for the physical appearance of the Occupier in the court.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
Helloo Ceramic Anbalagan, wait wait wait....just go slow man....
This is a general discussion and all the fraternity members have responded to the specific query raised by Karlekar Sudir.
You are referring to the situation that could be the outcome of the inspector's report (subsequent to his inspection). If he concludes or has reasons to believe that the fatality is due to the negligence on the part of the employer, then he may issue a show cause. He may file a case only if he is not satisfied with the reply to the show cause notice. Imposition of fine is much later and only if it the accusation against the occupier is proved. Judges may insist for the physical appearance of the Occupier, but then representation can be made by anybody.
So cool down and ready the postings carefully.
Cheers, A.B.
From India, Mumbai
This is a general discussion and all the fraternity members have responded to the specific query raised by Karlekar Sudir.
You are referring to the situation that could be the outcome of the inspector's report (subsequent to his inspection). If he concludes or has reasons to believe that the fatality is due to the negligence on the part of the employer, then he may issue a show cause. He may file a case only if he is not satisfied with the reply to the show cause notice. Imposition of fine is much later and only if it the accusation against the occupier is proved. Judges may insist for the physical appearance of the Occupier, but then representation can be made by anybody.
So cool down and ready the postings carefully.
Cheers, A.B.
From India, Mumbai
Dear Mr.Sudhir,
You did a mistake by not informing the accident to the Concerned Factory Inspector under Factory Act. First you should inform the the incident to the Factory inspector and subsequent to police and then to the Commissioner of Workmen Compensation Act. All the formalities you did correct but except reporting to Factory Inspector Now you regularize this procedure. otherwise it will be a serious violation of the Factory Act. Payment of Compensation with agreement is separate and notification statutory is separate To know the cause of accident is a must by the Inspector on safety point of view. You regularize your report.
Adoni Suguresh
Labour Laws Consultant.
From India, Bidar
You did a mistake by not informing the accident to the Concerned Factory Inspector under Factory Act. First you should inform the the incident to the Factory inspector and subsequent to police and then to the Commissioner of Workmen Compensation Act. All the formalities you did correct but except reporting to Factory Inspector Now you regularize this procedure. otherwise it will be a serious violation of the Factory Act. Payment of Compensation with agreement is separate and notification statutory is separate To know the cause of accident is a must by the Inspector on safety point of view. You regularize your report.
Adoni Suguresh
Labour Laws Consultant.
From India, Bidar
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