DINESH MAKANI (Managing Partner) 30 October 2009
Liability / responsibility of Occupier of the factory in case of accident in the factory in following situation
1) If Contract labour gets injured in factory
2) If contract labour dies during working in the factory
3) Outsider/ Visiting injured in factory premises during his official visit.
Please give your views considering all labour act and solutions if any available to avoid / limit the responsibility of occupier.
Anil Jangid (HR Manager) 30 October 2009
Contractor should be member of esic,In case esic not applicable,Contractor should haveing worker compensation policy unless principle employer responcible to pay compensation for injury or dies.
If visitor dies due to accident in factory,occupier liable to pay compensation.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 November 2009
Anil has duly replied.
KUNAN (LEGAL) 04 November 2009
For injury and death of a contract labour the prinicpal employer would be liable if the contractor does not make the payment and the principal employer then has got the right to recover it from the contractor.
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