Workmen's compensation
Jagadish
(Querist) 29 September 2014
This query is : Resolved
Dear Experts,
My Father (Aged 55 yrs) worked as a Security Gaurd in the month of Mar'14 (30 days) July'14 (3 days) a severe form of head injury that occurs when working hours & died on 10/07/14.
How much compensation I can get from employer his monthly salary was Rs.7500/- & is there any forms to apply for the same.?
I am awaiting your reply
Thank you.
V R SHROFF
(Expert) 29 September 2014
Approach trade union to fight it.
if retirement age is 60, comp shall be around
4-5 Lakh
Jagadish
(Querist) 29 September 2014
Thank you Shroffji, First I should file application to employer or I should go directly to Trade Union / Labour Commnr.
ajay sethi
(Expert) 29 September 2014
go to trade union . it will help you in obtaining compensation from employer
V R SHROFF
(Expert) 29 September 2014
go to trade union
Kumar Doab
(Expert) 29 September 2014
Kind Hearted and thorough gentleman Experts Mr. Sethi and Mr. Shroff have rightly advised.
Hope the information given below shall equip you fully to move forward.
You have posted another thread at:
http://www.lawyersclubindia.com/experts/Compensation-for-Employee-494526.asp#.VCkCvWeSwb8
and it was felt that you are not following the advise of experts rendered to you:
>>> The security guards are protected. The security guards have formed unions too.
The trade Unions have supported them too…………..
You may carefully go thru another thread at:
http://www.lawyersclubindia.com/experts/File-a-suit-in-Labour-Court-476306.asp#.VCkK6WeSwb8
>>> Submit Communications to everyone under proper acknowledgment under seal/signature/inward entry number with date………………………….including Employer, Trade Unions, Labor Inspector (state/central as applicable in your case…………………….e.g. if it is a local security agency having office only in Karnataka then it should be Labor Inspector in o/o Labor Commissioner of the state), Inspector under Karnataka Shops and Commercial Establishments Act, Inspector under Min. Wages Act,……………………., with a copy to ALC/Labor Commissioner/ Chief Inspector under Karnataka Shops and Commercial Establishments Act………………………
AND ALSO CONTROLLING AUTHORITY APPOINTED UNDER :
“the Private Security Agencies (Regulation) Act, 20051
[NO. 29 OF 2005]” THAT SHOULD BE AN officer not below the rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be the Controlling Authority for the purposes of this Act………………………………….and District Superintendent of Police.
This Act can be downloaded from:
http://www.pphcl.org/controlling_authority/PSAA.pdf
Karnataka Private Security Agencies Rules, 2008, can be downloaded from:
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/.%5CKPSArules08.pdf
Pursue the RTI route if required.
Involve print and electronic media………………………..
>>> The various state/central govt. acts can be viewed at Karnataka Govt. website:
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files%5CActs%20Deptwise.pdf
>>> Security Guards are eligible for many payouts and good companies duly display these at their web sites e.g;
Guards as per Minimum Wages Act (8 Hours Duty)
• Staff Salaries (minimum) as per the Act of 1936.
• E.S.I.C. (Employer's 4.5 %) as per the Act of 1948.
• E.P.F. (Employer's 13.61%) as per the Act of 1956.
• S.T. (Client's Contribution 10.30%) as per the Act of 1990.
• Gratuity as Per the Act of 1972.
• Annual / Casual / Sick Leave as per the Act of 1966.
• Bonus (8.33%) as per the Act of 1965.
• Cost of Uniforms, Accessories, Torches, Batons, Raincoats, Shoes etc.
• General Holidays 18 days a year, Fringe Benefits and Allowances.
• Overtime (Double) as per the Act of 1976.
http://www.karnatakadetectives.com/security-guarding-services-karnataka.php
>>> If the ESIC card was not valid then ESIC dues were not paid by employer.
It is almost certain that employer was a habitual offender of PF,ESIC……………….
The Inspector in jurisdictional ESIC office, APFC in concerned o/o EPFO can be approached.
Employer may claim that your father was not in employment.
The building where your father was deputed might be a cash unit i.e without any BILL…………………….however the office where security staff is deployed must have entered expenses in its record and may not make a false statement.
>>> Was your father issued with I.Card, appointment letter, salary slip, PF number?
The Inspectors can check the record of Security Company in its office and latest salary/wage slip signed by your father in register shall establish that he was in employment.
>>> The list of Labor Officials in Bangalore, Trade Unions can be accessed at website of Dept. of Labor Karnataka:
http://labour.kar.nic.in/labour/default.asp
http://labour.kar.nic.in/labour/trade-unions-list.htm
>>> You would need age, Min. wages etc to calculate Employee’s compensation and there are calculator available in excel form……………….
Workmen Compensation Calculator.xls
just enter age, wages, nature of injury with % disability, Min. Wages as in the state, relevant factor, loss of earning capacity% and you will get the calculated amount.
Max. wages set for this purpose are Rs.8000/pm.
Relevant Factors as per schedule IV
Amount of compensation : (1) in case of death:- an amount equal to 50% of the monthly wage multiplied by the relevant factor as given in Schedule IV of the Act or Rs. 80,000/- whichever is more…. and Rs.1000 for funeral expenses.
Notice: An injured person or his dependants have to give a notice to the employer to pay
compensation.
Claim: Upon the failure or refusal of an employer to give compensation, an application is
to the made in Form - F to the Commissioner under the Workmen's Compensation Act,
1923 who is the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer of the area where the accident took place or where the claimant ordinarily resides or
where the employer has his registered office. After hearing both the parties, the
Commissioner decides the claim.
DUTIES OF EMPLOYEES
• To send a notice of the accident in the prescribed form, to the Commissioner and the employer, within such time as soon as it is practicable for him. The notice is precondition for the admission of the claim for compensation.
LIMITATION
Workman, to the Commissioner, may file the claim for accident compensation in the prescribed form, within 2 years from the occurrence of the accident or from the date of death. The claim must be preceded by
(i) a notice of accident,
The Labor Inspector, Trade Unions, Labor Law Consultant can help you with filling requisite forms.
Rajendra K Goyal
(Expert) 29 September 2014
Well advised in detail, agree with expert Kumar Doab.
