Legal Advice
6 months ago
An employee who was working on site hurt himself on head on site while working and died company had also admitted him in a very good hospital later the company received a legal notice of paying a compensation of around Rs. 23 lakhs with 12% interest what is the minimum and maximum compensation company can give to the employees family and any other advice which will be beneficial in the above matter please suggest
A.Dear Sir,
It depends upon the incident taken place. If the incident took place outside the site and the employee was not on duty then the employer is not suppose to give any compensation.
It depends upon the incident taken place. If the incident took place outside the site and the employee was not on duty then the employer is not suppose to give any compensation.
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A.Hi client,
It will be a little difficult to advise completely on the said matter without knowing the entire details. Please contact an advocate narrate the entire scenario, for your defense steps to be taken.
It will be a little difficult to advise completely on the said matter without knowing the entire details. Please contact an advocate narrate the entire scenario, for your defense steps to be taken.
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A.Dear Client
The minimum and maximum compensation payable to the family of the deceased employee typically includes statutory benefits provided under the relevant labor laws. These benefits may include compensation for work-related injuries and death benefits. The specific minimum and maximum compensation amount may vary depending on the applicable laws and the nature of the employment.
The minimum and maximum compensation payable to the family of the deceased employee typically includes statutory benefits provided under the relevant labor laws. These benefits may include compensation for work-related injuries and death benefits. The specific minimum and maximum compensation amount may vary depending on the applicable laws and the nature of the employment.
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A.Dear Client,
Under Employees Compensation Act, 1923. an employee or worker who sustained injury out of an accident in the course of and arising out of employment or engagement that led to his death or wholly/partial disability is entitled to compensation from his employer as per the provision of the Act once it is reported to the employer. However, employees/workers who qualify for ESI compensation do not fall under the scope of the Employee's Compensation Act of 1923. because the employer is the one who must cover the cost. Schedule IV of the Employees Compensation Act defines relevant factors for the computation of compensation. Age is the completed years of age, of the workman or employee on the last birthday. The last birthday is the latest birthday of the workman which immediately preceding the due date of compensation liability. By considering various factors and legal requirements, a fair and just settlement can be reached ensuring proper and fair compensation for the injured/deceased worker/employee. If the legal heirs of the deceased worker files an application in prescribed form as per Sec,22(2) of the Act before the Commissioner, Employees Compensation, then you have to pay compensation as admissible under the Act including interest/penalty for delay in payment of compensation to the legal heirs of the deceased worker who died for the injury sustained by him in an accident arising in the course of and out of employment. So, on receipt of a legal notice demanding death compensation in respect of deceased employee, you should initiate necessary action as prescribed under the Employees Compensation Act,1923 or settle the claim with all fairness as prescribed under the Act to save the interest/penalty before the matter is litigated in the Court.
Under Employees Compensation Act, 1923. an employee or worker who sustained injury out of an accident in the course of and arising out of employment or engagement that led to his death or wholly/partial disability is entitled to compensation from his employer as per the provision of the Act once it is reported to the employer. However, employees/workers who qualify for ESI compensation do not fall under the scope of the Employee's Compensation Act of 1923. because the employer is the one who must cover the cost. Schedule IV of the Employees Compensation Act defines relevant factors for the computation of compensation. Age is the completed years of age, of the workman or employee on the last birthday. The last birthday is the latest birthday of the workman which immediately preceding the due date of compensation liability. By considering various factors and legal requirements, a fair and just settlement can be reached ensuring proper and fair compensation for the injured/deceased worker/employee. If the legal heirs of the deceased worker files an application in prescribed form as per Sec,22(2) of the Act before the Commissioner, Employees Compensation, then you have to pay compensation as admissible under the Act including interest/penalty for delay in payment of compensation to the legal heirs of the deceased worker who died for the injury sustained by him in an accident arising in the course of and out of employment. So, on receipt of a legal notice demanding death compensation in respect of deceased employee, you should initiate necessary action as prescribed under the Employees Compensation Act,1923 or settle the claim with all fairness as prescribed under the Act to save the interest/penalty before the matter is litigated in the Court.
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