Dear All,
If accident of third party i. e. of a person who is not a workman under any labour law for e.g. consultant, or employee of the consultant, employee of seller, etc. occurs within the premises of a factory then who will be responsible for payment of compensation, if any for the said accident. Also what procedure the said factory will have to follow for e.g. intimation to factory inspector, police station etc.
From India, Mumbai
1If accident of third party i. e. of a person who is not a workman under any labour law for e.g. consultant, or employee of the consultant, employee of seller, etc. occurs within the premises of a factory then who will be responsible for payment of compensation, if any for the said accident. Also what procedure the said factory will have to follow for e.g. intimation to factory inspector, police station etc.
From India, Mumbai
As far as I know ,as he is not the workman and does not fall under the definition of workman then is not eligible for any compensation.
From India, Pune
From India, Pune
yes you are right. But, is there any other liability on factory manager with regard to reporting of such an incident to any authority including factory inspector or police inspector?
From India, Mumbai
From India, Mumbai
I agree with Mr. Govind Negi, that a public liability indemnity policy is the way to go. Having said that, it brings me to the original question... should an accident occur, what are the procedures that the factory must follow. Insurance policies are often subject to compliance of right procedures; therefore can be turned down as "claims dismissed"
From India, Udaipur
From India, Udaipur
I am fully agree with Mr Govind singh's statement. Everey where we are taking care of our employees but we never think about such incidents.in such case principal employer is responsible , but affected person may take compensation from his employer also. I thing so...!,
Devendra
From India, Pune
Devendra
From India, Pune
Dear Sir,
Any accident w.r.t.visitor, vendors etc the organization is responsible if any things happens inside the premises. They are covered under Employee compensation act.The act clearly covers visitors, vendors etc.
T.S.SRINIVASAN
From India, Pondicherry
Any accident w.r.t.visitor, vendors etc the organization is responsible if any things happens inside the premises. They are covered under Employee compensation act.The act clearly covers visitors, vendors etc.
T.S.SRINIVASAN
From India, Pondicherry
Hi Folks,
The above query can be solved if you are having the Public Liability or a CGL policy. The reporting depends on the nature of the injury. It is better if you consult with Insurance professionals for more details.
From India, Bangalore
The above query can be solved if you are having the Public Liability or a CGL policy. The reporting depends on the nature of the injury. It is better if you consult with Insurance professionals for more details.
From India, Bangalore
Dear All,
It was really nice to see all the inputs & would like to put mine. Following are the points best out of my information,
1) If a person is working in the premises of factory (no matter he/she is a contractor employee, short term worker or any other like third party), then he/she will be considered as worker as per The Factories Act 1948.
2) Visitors or any other person, who is not doing any work in factory but present in premises, will not be considered as worker.
3) Yes, there is "Public Liability Insurance Act", which covers the compensation for the people, who are not working in factory but got suffered due to some accident in factory, e.g. Toxic Gas leakage, any big blast etc. (Please note that by suffered I mean injury or property loss.)
Now, my question is to "Mr. Sush Pp" that What was that person doing in your factory? (I mean "He was working in factory on behalf of third party." OR "He came to visit the main plant.")
If, He was working on behalf of third party then We are liable to pay compensation.
If not, and sent by third party for some other work, then third party is liable to pay. But we are liable to pay under "Public Liability Insurance Act". In such case he/his family may claim only one compensation, either from Third party or Our factory.
This is as per my information. Everyone please feel free to rectify if, there is any mistake.
Regards,
Inderjeet Singh,
"Born to lead."
From India, Rajsamand
It was really nice to see all the inputs & would like to put mine. Following are the points best out of my information,
1) If a person is working in the premises of factory (no matter he/she is a contractor employee, short term worker or any other like third party), then he/she will be considered as worker as per The Factories Act 1948.
2) Visitors or any other person, who is not doing any work in factory but present in premises, will not be considered as worker.
3) Yes, there is "Public Liability Insurance Act", which covers the compensation for the people, who are not working in factory but got suffered due to some accident in factory, e.g. Toxic Gas leakage, any big blast etc. (Please note that by suffered I mean injury or property loss.)
Now, my question is to "Mr. Sush Pp" that What was that person doing in your factory? (I mean "He was working in factory on behalf of third party." OR "He came to visit the main plant.")
If, He was working on behalf of third party then We are liable to pay compensation.
If not, and sent by third party for some other work, then third party is liable to pay. But we are liable to pay under "Public Liability Insurance Act". In such case he/his family may claim only one compensation, either from Third party or Our factory.
This is as per my information. Everyone please feel free to rectify if, there is any mistake.
Regards,
Inderjeet Singh,
"Born to lead."
From India, Rajsamand
Dear Sir, Public liability Insurance act is applicable to hazardous chemical, storage handling industries only ,not for other industries T.S.SRINIVASAN
From India, Pondicherry
From India, Pondicherry
Dear All,
I would like to rectify my previous comments. I spoke to Ex. CIF od Delhi in this regards & the fact which came into my notice is that "Only third party is liable to pay compensation in any case as he was his employee & came to main plant for the work of third party only.". So, please ignore the previous one.
Regards,
Inderjeet Singh,
"Born to lead."
From India, Rajsamand
I would like to rectify my previous comments. I spoke to Ex. CIF od Delhi in this regards & the fact which came into my notice is that "Only third party is liable to pay compensation in any case as he was his employee & came to main plant for the work of third party only.". So, please ignore the previous one.
Regards,
Inderjeet Singh,
"Born to lead."
From India, Rajsamand
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Construction Accident.zip
MY PARTY INVITATION.pps
Accident report1.doc