Nijjamuddin was a welding worker. He was injured in his eyes due to a spark. He had received proper safety training and was knowledgeable about preventive measures. Additionally, he was provided with all necessary equipment and tools to protect himself from any harm in the workplace. The company also displayed a notice in English. The company aimed to avoid liability for such accidental compensation, whether it could be avoided or not.
N.B.: The company is located in Odisha.
Please solve it according to labor laws and mention the labor act and sections.
From India
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1N.B.: The company is located in Odisha.
Please solve it according to labor laws and mention the labor act and sections.
From India
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You may submit your counter on the workmen’s claim and the decision of the court is based on your argument / submission / wittiness and convincing the court!
From India, Madras
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From India, Madras
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Take insurance policies in future for all your workers, not covered under ESIC. Insurance will take care of compensation in case of accidents.
From India, Pune
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From India, Pune
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Dear Sir,
I am very sorry to know about the accident involving the injured person. The very first thing the factory management should do is inform the district Labour Department officials of the area and issue a notice under the Workmen's Compensation Act.
When it comes to compensation, the management inevitably has to pay up to Rs. 10 lakhs as ordered by the Authority Court of the Labour Department (state). The employer and the insurance company should be liable in any way, with no excuses. A case should be filed under the Employees' Compensation Act (Workmen's Compensation Act).
If there is no positive response such as notices from the Labour Department received by both parties, the worker and his family are advised to submit a complaint to the District Collector. The company has no choice but to pay compensation and should never attempt to avoid it. The risk lies with the insurance company that is insured, so they should also be advised to make immediate payment.
Even though safety measures are in place as displayed in notices, there is no escape from payment as it is an accident. Keep in mind the plight of the poor worker, follow humanity, and uphold the rights of the injured worker.
Thank you.
From India, Nellore
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I am very sorry to know about the accident involving the injured person. The very first thing the factory management should do is inform the district Labour Department officials of the area and issue a notice under the Workmen's Compensation Act.
When it comes to compensation, the management inevitably has to pay up to Rs. 10 lakhs as ordered by the Authority Court of the Labour Department (state). The employer and the insurance company should be liable in any way, with no excuses. A case should be filed under the Employees' Compensation Act (Workmen's Compensation Act).
If there is no positive response such as notices from the Labour Department received by both parties, the worker and his family are advised to submit a complaint to the District Collector. The company has no choice but to pay compensation and should never attempt to avoid it. The risk lies with the insurance company that is insured, so they should also be advised to make immediate payment.
Even though safety measures are in place as displayed in notices, there is no escape from payment as it is an accident. Keep in mind the plight of the poor worker, follow humanity, and uphold the rights of the injured worker.
Thank you.
From India, Nellore
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Yes, Company has the sole responsibility to compensate the employee / workman. The work / output given by the employee is for the benefit of the company.
From India, Hyderabad
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From India, Hyderabad
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Learned members have clarified the procedure to be followed. What is advisable to avoid heavy compensation, without being unfair to an employee, is to take an accidental policy to cover injuries/death of workers employed in hazardous operations.
Col. Suresh Rathi
From India, Delhi
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Col. Suresh Rathi
From India, Delhi
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Dear Mr. Suresh,
First of all, stringent safety measures are very important; just displaying or exhibiting notices will not suffice. All the employees/workers/trainees should be given safety training as part of induction.
Moreover, there is a need to cover all eligible employees under ESI or The Employee's Compensation Act (insure through an Insurance Company). Additionally, it is advisable to cover them under a Group Personal Accident Insurance Scheme.
Thank you.
From India, Hyderabad
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First of all, stringent safety measures are very important; just displaying or exhibiting notices will not suffice. All the employees/workers/trainees should be given safety training as part of induction.
Moreover, there is a need to cover all eligible employees under ESI or The Employee's Compensation Act (insure through an Insurance Company). Additionally, it is advisable to cover them under a Group Personal Accident Insurance Scheme.
Thank you.
From India, Hyderabad
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Dear Sir, Absolutely right. I had replied to the query of compensation only. Col.Suresh Rathi
From India, Delhi
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From India, Delhi
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Hi All,
Though my full sympathies are with the injured workman, from the company's point of view, a spark flying into his eyes would be a clear case of negligence on his part as he failed to use the safety goggles/visor provided by the company. If the workman is covered under ESIS, then he can claim partial permanent disability pension from them.
Thank you,
R. H. Kavarana
HR Manager
Mumbai
From India, Mumbai
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Though my full sympathies are with the injured workman, from the company's point of view, a spark flying into his eyes would be a clear case of negligence on his part as he failed to use the safety goggles/visor provided by the company. If the workman is covered under ESIS, then he can claim partial permanent disability pension from them.
Thank you,
R. H. Kavarana
HR Manager
Mumbai
From India, Mumbai
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If you look at an accident, please find out the barrier that prevented him from wearing goggles during welding operations.
1) Was it due to the non-availability of the goggles at the work spot?
2) Having provided the goggles, were they in a usable condition?
3) Why did the co-workers/supervisor not caution him? Did this happen due to production pressure or at the end of the shift?
4) Was there a culture where everyone who performs welding operations wears goggles?
5) Even after posting notices or providing training, why did the particular worker weld without goggles? Is it due to attitude, culture, or behavior?
If you analyze or observe, you will find a very simple solution within the management control to remove the barriers that prevent workers from working safely or adopting at-risk behavior. Any at-risk behavior of workmen inside the factory premises is the responsibility of management, the system, and procedures.
From India, Madras
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1) Was it due to the non-availability of the goggles at the work spot?
2) Having provided the goggles, were they in a usable condition?
3) Why did the co-workers/supervisor not caution him? Did this happen due to production pressure or at the end of the shift?
4) Was there a culture where everyone who performs welding operations wears goggles?
5) Even after posting notices or providing training, why did the particular worker weld without goggles? Is it due to attitude, culture, or behavior?
If you analyze or observe, you will find a very simple solution within the management control to remove the barriers that prevent workers from working safely or adopting at-risk behavior. Any at-risk behavior of workmen inside the factory premises is the responsibility of management, the system, and procedures.
From India, Madras
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