Factory owner is not liable if labour died outside of factory. When a workplace injury occurs, the injured or died employee is able to avail of both medical and financial support from factory.
We own a textile mill , a worker came in the morning before duty shift.. guard let him enter with sign on gate . He sat in a corner talking on phone but before shift start went out.. drank acid was admitted to hospital and died. On video footage we can see everything. He belonged to bihar , now after post mortem his family members are threatening us to pay otherwise they will file an fir. Local police has noted the incidence and questioned 1 or 2 people in our fctry to reconfirm events but not approached us. Could we be in trouble although nothing happenned inside our premises or otherwise.
Factory owner is not liable if labour died outside of factory. When a workplace injury occurs, the injured or died employee is able to avail of both medical and financial support from factory.
You can settle with him or you can contest the case it depends on you. He may file a case even after you pay them compensation
1. The death did not occur during the course of employment as he committed suicide. So employer is not liable to pay compensation.
2. Preserve the CCTV footage.
though the incident happened within employment hours but outside the factory,
drank acid means committed suicide? if the exit record was made by the guard when he goes out of factory premises?
from the facts provided by you, I can say no need to worry,
you are not liable for any compensation but still advised to settle the matter amicably.
you are further advised to settle the same in the labour office to avoid any future complications.
keep a copy of CCTV footage, as it will be helpful for you in any adverse situation.
You need not to be worried about this as the person is not a new role and he has not started working in your factory he has been died because of the alcohol which he has consumed outside the factory premises you are not at all responsible and even in case somebody is threatening you for FIR letting go for that you have valid reasons and video footage in support of your claim you need not to pay any compensation only in case you wish to pay any compensation as Ex gratia help to the family you can do so but you have to take something in writing in your support
Dear Sir,
- It depends on circumstances and available evidence.
- In-case the incident happened in the your premise, the burden of proof lies on you to show your hands clean.
- U/s 108-120 of IPC, incase find any evidence against you than the case can be registered for abatement to crime.
- Hire good labor lawyer to share the ground possibility to prove your innocence in case.
Regards
Vivek Arya
1) The incident has happened in working hours, when he was in the shift, so police investigation will took place in this case.
2) Try to compensate the case outside the factory and get settled ASAP.
Dear Sir,
Under what circumstances is the employer NOT liable to pay compensation for work injuries?
Employers are NOT liable to pay compensation in the following circumstances:
In addition, in any proceedings under the Employees' Compensation Ordinance in which it is proved that the injury is attributable to the serious and wilful misconduct of the employee, or that an injury by accident arising out of and in the course of employment is deliberately aggravated by the employee, any compensation claimed will be disallowed. The exception is that when the injury results in death or serious incapacity, on consideration of all of the circumstances the Court may award the compensation provided by the Ordinance or such part thereof as it thinks fit.
According to you, When the worker came in the morning before the start of the shift, he was allowed to enter the factory premises by the guard after signing in the register at the gate. After talking on the phone, before the start of the shift, he left the premises, so he must have again made entry in the register at the gate.
However since you have the proof in the CCTV video footage that the incidence took place after he left the premises, then no liability either civil or criminal can be claimed against you.
Dear Client,
It`s a matter of suicide, not accidental death due to negligence of employer while performing duty. Let them file complain, matter already under polcie investigation, no effect on you.
Dear Sir,
You liabilities depends on various factors as what was the reason of taking such step by him, For how much time he work for you, etc. and so many things. Without proper inquiries nothing can can be done against you. So, you are suggested to keep your records regarding his job, your payments to him, dues etc. clear so that you may project the same clearly whenever asked from you.
If the incidents have reported to have taken place outside the premises, then you secure the documentary evidences and be prepared to challenge their claim in case they file any complaint with the police or court in the later stage.
You can settle the dues of the deceased employee to his family members and may think about paying any compensation to avoid them from approaching police which would be an unnecessary commitment and problem though it can be challenged appropriately when there arises a situation.