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NRK MURTHY (Manager)     31 May 2011

WC ACT-1923

Dear All members of the Lawyers club,

i am working in construction comapny. recently accident occured at our site 3 members died.

they are not covered under ESI- act.

Pls advice me what i will do further action.





 1 Replies

vaidyanathan (retired psu employee)     23 June 2011

If they are not covered under ESI ACT then they should be protected under Workmen Compensation insurance, wherein the contractor is responsible to pay the compensation. However, the principal contractor is vicariously responsible to pay the compensation. If there is no insurance, they should pay from pocket in the first place. 

Secondly the fact should be brought to the notice of the Labour commissioner who will pass the award within three months depending upon the factors agaisnt the respective deceased's age multiplied by per day wage further multiplied by 26 days and in fine divided by 2 is the compensation payable

Moreover, as per the recent amendment the total medical expenditure is to be borne by the contractor which is uninsurable-regards vaidya 

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