No there is no carelessness or negligence from your side. 

See if the instruments were upto mark all safety standards were in place then in that case no criminal prosecution may be there though family of deceased can claim compensation .

1) owner and manager can be prosecuted under section 304 A of IPC where death is caused by doing a rash or negligent act which does not amount to culpable homicide not amounting to murder 

2) Hon'ble Supreme Court has held that, unless it is proved by the prosecution that, the immediate proximate act is the cause of causa for the death, the person cannot be held responsible and remote cause is not sufficient for that purpose. It has been observed that, an act causing deaths "must be causa causans: it is not enough that it may have been the cause sine qua non". Same view has been reiterated in the decision reported in (AIR 1965 (SC) Crl. R. P. No.1957 & 1958 of 2014 1616) Kurban Hussein Mohamedalli Rangawalla v. State of Maharashtra. That was a case where certain paints were manufactured without license and naked fire kept in proximity of turpentine and varnish and fire took place and some workers died, the factory manager was also held responsible for the death and he was charge sheeted for the offence under Section 285 and 304A of Indian Penal Code. In that case, the Hon'ble Supreme Court has held that, he was not responsible for the offence under Section 304A, but he may be responsible for the offence under Section 285 of Indian Penal Code, as he had not provided the necessary precaution to prevent such incident, and he was not present at that time when the incident took place.

1) Your case will run as per Industrial Disputes Act, law.

2) If you have provided all safety precautions to the employees or workmen who where working in factory. 

3) Have done inspection of factory by registrar as factory act on time to time basis.

4) You will have to pay compensation as to worker as per workmens compensation act.

5) Owner will held responsible only in case if proper safety and precautions are not provided to worker in the factory. And Machine inspection on regular basis, do keep all records ready if you have to save yourself.

I can suggest more points if you can brief your case and situation plus conditions of factory.

Do call me via consultation call.

Police would lodge FIR and not some other department 

Police may try to file some FIR if they feel suspicious. You cant anticipate that. As you are also bearing medical expenses that shows your bonafide

The FIR will be lodged by police and also the family can file for a compensation .

they can register case under if he die 304/a IPC and  negligence. 

First of all thing that the police must have recorded atleast one statement u/s 161 or of the any of the worker  to show the negligence on your part.

As the investigation is going you need to take bail not from the court at this stage as the offence is bailable .

Investigating officer will call you and grant the bail .

Only after filing of the chargesheet you will get the court bail and you will be heard only at the stage of Final arguments as there won't be any stage in the summon trial case.

Whatever I have mentioned in above points that should be fulfilled by you in your factory. According to that police will investigate the case so you have to takw defense from all aide questions and answer.

The accident occured due to the worker's own negligence. It can deemed as contributory negligence.  

The accident occured due to the worker's own negligence. It can deemed as contributory negligence.  

Dear Sir,

In case of workmen compensation insurance policy, the employers' liability for compensation arises in the following situations- Employers' Liability for Compensation= If an employee gets injured during working hours, his employer shall be liable to pay compensation.

1. yes there will be a criminal action against the owner if it comes to the knowledge of the police that there has been some negligence on their part as well. 

The principal of Volenti non fit injuria will also apply, if the fact allows. 

if the FIR has been lodged then you may share the copy of the same and take an advise whether a petition for quashing of the FIR can be filed or not. 

Regards 

This is a Criminal Offence and will be dealt with accordingly.

Sir, 

Firstly, is the worker dead or in hospital? 

if he is in hospital and it was his fault, if he survives, get a statement from him that he was at fault. 

If he dies before giving statement or has died already, and the police initiates an enquiry, gather workers who can give statements in your favour regarding being eyewitnesses of the event and saying it was his negligence. 

Preparing for the worse, if they lodge FIR and say its your fault, you will be charged and made party of a criminal complaint lead by the Public Prosecutor. Although it is highly unlikely if the workers are ready to give statement in front of the police.

1. As per the information mentioned in the present query, makes it clear that the worker has lost his life and now you are worried about any criminal proceedings or departmental inquery.
2. Let me tell you that firstly, this is the case of mishappening during work, and would only constitute compensation on the employer.
3. And if any criminal proceedings would get intimated then I would advice you to go for the Quashing of the same as the other will have to prove the default at your end, which is not at possible in your case to prove the same.
4. In fact, statements of the other workers would help you for sure, and the act of taking him to the hospital and taking care of the expenses would also definitely be there for you.

If you are complying safety standards, need not to worry, but if there is proved negligence on your part, you might be put in trouble, 

in my opinion, as per the available facts, it's an accidental death, police surely can lodge FIR against the owner/manager/controller of factory.

legal heirs of a deceased employee can claim compensation also.

It will be considered as accidental death under section 304 A but if it is considered under section 304 then the manager or the owner can be held vicariously liable for this accidental death.

In any case the bail and other formalities are to be taken care in the initial period itself.

The police will initiate enquiry as per law and the procedures laid down.

The treatment expenses may cover the compensation portion alone but it cannot rescue you from criminal liability