Hello friends
I have given a contract to a contractor to fit asbestos sheets as roof of godown under construction. The contractor while fitting the sheet fell and died..
1) Am I liable to pay compensation to him under workmen compensation act ?
2) What defence do i have as principal employer
3) The accident occured in sept, 2013 ... I got a notice for compensation last month, 2015, march.. if I am liable to pay compensation, am I liable to pay interest and penalties too ?
4) I had not informed the labour inspector regarding the accident, as i was unaware of such requirement.. however, an FIR was lodged and PM done and funeral performed alonside the family members of the victim..
Kindly respond to my queries asap as my first hearing is on 20th april.
What defence does an employee avail in such cases
From India, Korba
I have given a contract to a contractor to fit asbestos sheets as roof of godown under construction. The contractor while fitting the sheet fell and died..
1) Am I liable to pay compensation to him under workmen compensation act ?
2) What defence do i have as principal employer
3) The accident occured in sept, 2013 ... I got a notice for compensation last month, 2015, march.. if I am liable to pay compensation, am I liable to pay interest and penalties too ?
4) I had not informed the labour inspector regarding the accident, as i was unaware of such requirement.. however, an FIR was lodged and PM done and funeral performed alonside the family members of the victim..
Kindly respond to my queries asap as my first hearing is on 20th april.
What defence does an employee avail in such cases
From India, Korba
Answers
1 Yes, you will be liable.
2 The minimum compensation was R80000 ( Pl check out the figure may have been revised)
3 and 4 please consult a specialist lawyer who deals with compensation claims for best advice.
The defence that contractor (deceased wilfully neglected safety precautions or removed safety belt etc.)
However my personal advice would be to avoid making such false excuses and pay the compensation due with interest etc.
.
From India, Pune
31311 Yes, you will be liable.
2 The minimum compensation was R80000 ( Pl check out the figure may have been revised)
3 and 4 please consult a specialist lawyer who deals with compensation claims for best advice.
The defence that contractor (deceased wilfully neglected safety precautions or removed safety belt etc.)
However my personal advice would be to avoid making such false excuses and pay the compensation due with interest etc.
.
From India, Pune
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The Workmen's Compensation Act 1923.pdf
Workmen's Compensation Act 1923.doc