MOST URGENT.Casual labour met accident due to her negligence in shop. employer treated her well and paid Rs.15,000/= and got document signed by victim. now she filed petition by saying she was earning Rs.200/= per day. What are the defenses available for the employer? THANKS IN ADVANCE.
From India, Madras
From India, Madras
Dear Manoharan
As per workmen compensation Act, please refer Schedule I and check the injury and its compensation percentage, and check Schedule IV for finding out her Age Factor as per her age and pay the compensation through WC Commissioner.
Hope you might have informed about the accident took place in your establishment and asked for the compensation to be paid to the victim.
Eventhough the accident took place due to her negligence in shop, the employer will be responsible as he has to ensure proper supervision at the workspot to avoid occurrence of accident/incidents.
Here in the case of WC Act, always the workmen compensation act is favouring the worker only.
From India, Kumbakonam
1168As per workmen compensation Act, please refer Schedule I and check the injury and its compensation percentage, and check Schedule IV for finding out her Age Factor as per her age and pay the compensation through WC Commissioner.
Hope you might have informed about the accident took place in your establishment and asked for the compensation to be paid to the victim.
Eventhough the accident took place due to her negligence in shop, the employer will be responsible as he has to ensure proper supervision at the workspot to avoid occurrence of accident/incidents.
Here in the case of WC Act, always the workmen compensation act is favouring the worker only.
From India, Kumbakonam
Dear
It is better to take out W.C Insurance so that you are not taken by surprise on such claims.
rajanlawfirm
https://www.citehr.com/285737-legal-...dustry-13.html
From India, Madras
It is better to take out W.C Insurance so that you are not taken by surprise on such claims.
rajanlawfirm
https://www.citehr.com/285737-legal-...dustry-13.html
From India, Madras
Dear Sirs, a lot of THANKS for prompt reply. By the way, this is not my case, but my client's case. 1. Is Casual labour is eligible for compensation when she met accident on sep.2008 due to her negligence in shop by saying she was earning Rs.200/= per day? employer's expenses for treatment and document signed by victim for the same can be deducted from the total compensation? What are the defenses available for the employer? THANKS IN ADVANCE.
From India, Madras
From India, Madras
Dear Advocate,
You can not het answer what you expect but you will get answers what law of the land says....
Please go through Article 39 of Constitution for the above mentioned case
If with reference to injury to lady workman irrespective of her negilgence employer would be liable to pay the compensation to her.
Please confirm below information
Age of Injured person -
Gross Wages per day -
Date of Joining -
Disablement in % -
Type of Disablement -
Does it mean Casual i.e. she was working through any contract agency to the employer? .....If yes was the Labour Contractor having required registration under Contract Labour Act?
From India, Pune
You can not het answer what you expect but you will get answers what law of the land says....
Please go through Article 39 of Constitution for the above mentioned case
If with reference to injury to lady workman irrespective of her negilgence employer would be liable to pay the compensation to her.
Please confirm below information
Age of Injured person -
Gross Wages per day -
Date of Joining -
Disablement in % -
Type of Disablement -
Does it mean Casual i.e. she was working through any contract agency to the employer? .....If yes was the Labour Contractor having required registration under Contract Labour Act?
From India, Pune
Is the shop covered by ESI act, if yes then the worker can get ESI benefits, if not then it being employment injury she can claim compensation under employees compensation act, irrespective of being casual as also the amount paid to her for treatment cannot be set off. You may have the payment slips given to her which will show her daily salary and on that basis as also total or partial disablement the compensation is worked out.
From India, Pune
From India, Pune
Dear Sirs, a lot of THANKS for prompt reply. By the way,
Age of Injured person - 35
Gross Wages per day - no record, but , Rs.100/ per day was given.
Date of Joining - - no record. work for 40 days in 2 months
Disablement in % - no record was produced as trial is pending
Type of Disablement - no record was produced as trial is pending
From India, Madras
Age of Injured person - 35
Gross Wages per day - no record, but , Rs.100/ per day was given.
Date of Joining - - no record. work for 40 days in 2 months
Disablement in % - no record was produced as trial is pending
Type of Disablement - no record was produced as trial is pending
From India, Madras
Dear Manoharan
As asked by Mr. Prashant please refer Schedule I of Workmen Compensation Act and find out the Disablement %age and type of disablement by checking the medical records of the injured. You have mentioned that Rs.100/- per day you make payment to the lady. It will be against the Minimum Wages Act. So please do not give any statement that you are paying less than the Minimum WAges i.e., Rs.100/- per day.
The Mr Ingawale will guide you about the compensation Amount how much is to be paid for the victim to settle the issue.
All the best
From India, Kumbakonam
As asked by Mr. Prashant please refer Schedule I of Workmen Compensation Act and find out the Disablement %age and type of disablement by checking the medical records of the injured. You have mentioned that Rs.100/- per day you make payment to the lady. It will be against the Minimum Wages Act. So please do not give any statement that you are paying less than the Minimum WAges i.e., Rs.100/- per day.
The Mr Ingawale will guide you about the compensation Amount how much is to be paid for the victim to settle the issue.
All the best
From India, Kumbakonam
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The Workmen's Compensation Act 1923.pdf
Workmen's Compensation Act 1923.doc