• Death of a worker outside fctry premises

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.
Asked 11 months ago in Criminal Law from Ahmedabad, Gujarat
Religion: Other

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. 

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

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

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

worker has committed suicide .

 

you are not responsible for his death 

 

no need to pay compensation 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

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.

 

 

 

Suneel Moudgil
Advocate, Haryana
1486 Answers
2 Consultations

4.5 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6203 Answers
19 Consultations

4.9 on 5.0

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

Vivek Arya
Advocate, Gurgaon
648 Answers
4 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

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:

  1. the injury neither results in permanent incapacity nor incapacitates the employee from earning full wages at normal work;
  2. the injury is self-inflicted;
  3. the death or incapacity results from the injury (including all occupational diseases which are specified in the ECO) that the employee has falsely claimed to be free of to the employer; or
  4. the injury is caused by an accident that is directly attributable to the employee's addiction to drugs or alcohol and does not result in death or serious and permanent incapacity.

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.

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0

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. 

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
3 Consultations

4.9 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

  1. As per the information mentioned in the present query, makes it clear that nothing has happened inside the premises or during carrying out the factory work.
  2. You should not be worry about anything, let me tell you that there are several cases wherein if the worker dies during the coming time or going time from the work then also employer can be held liable for compensation.
  3. But, there must be an accident to that effect, in your case brief, it can be seen that he drink acid and died which is no where connected to the nature of work done by him.
  4. In fact, you can also file a police complaint of the family members continue to harass you further.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, Delhi
3451 Answers
9 Consultations

4.5 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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