Death at work place
1 year ago
Dear Advocates/Retired Judges Namasthe for you. My father was working frequently in Rice a mill(4 to 5 days in 2 to 3 months)/due to heart attack he breathed his last in Rice mill only on 9.10.22 at 8.30 PM but we received call from police station on 10.10.22 afternoon. When i visited the hospital I could see my dad was dead. No PF and ESI facility, duty dress, Payslip or any other benefits were not in the rice mill. My father was Gunny bag repairer and hardly was earning 500-600 rupees per day, as we know my father had Blood pressure issue and he was suffering heart ache. We did not get done the Karmika card which is given by Govt of karnataka. Post mortom is done , and we are waiting for the report and charge sheet is also not done, we gave written complaint to Karmika ilake( local labour dept) Since my father was dead while working we requested for the compensation orally But owner refused to give , since rice mill owner is very unfluencive we are in the mind of not getting justice. My mother is mentally depressed because of this. Will I get Any compensation ? As i know court always loves witnesses in this situation what shall i do? Please advice Thanks in advance for your reply.
Sorry for your loss. Wait until the post-mortem report is out. It'll be clear in that.
The ESI Act, of 1948 is Social Security legislation applicable to all factories & notified establishments employing ten or more persons, which are located in ESI-notified areas, and as such it does not apply to the unorganized sector. As your father was an unorganized worker, he is not entitled to ESI or PF.
The Workmen Compensation Act mandates the employer (the owner of the rice mill) to pay a compensation amount equal to 50% of the monthly wages of the deceased employee. It can be a maximum monthly wage ceiling of Rs. 8000 multiplied by the relevant factor, or a sum of Rs. 140,000, whichever is higher.