Accident in work area
Querist :
Anonymous
(Querist) 22 January 2012
This query is : Resolved
fire in machines occur in place of work death of employess ,against employer filed 304a
now deceased of employee not directly dependent so and employer have 'esi' esi only for dependents not our client
whether to go under workman or civil suit?
thanks in advace
Raj Kumar Makkad
(Expert) 22 January 2012
In the given facts, the option remains to avail the provisions of Workman Compensation Act but only dependent has right to avail ESI benefits.
ajay sethi
(Expert) 22 January 2012
agree with experts
M/s. Y-not legal services
(Expert) 22 January 2012
agree with experts.. can i provide a land mark foreign case for this issue..
The Compensation is your rights., You Deserve for it. just read this case..
In 2006, close to 400 people in Florida were killed in jobsite work accidents. In addition to those killed on the job, more than 60,000 workers in Florida were injured on the job and had to pursue work accident compensation under Florida's Workers Compensation Statutes. Victims of work accidents are entitled to work
accident compensation for both medical care and wage benefits.
Florida’s work accident compensation laws have strict timelines which establish when and to whom an employee is required to report an on the job injury claim, how and when an injured employee can obtain medical treatment, when they are required to provide information to the employer or their insurance company, and many other rules which govern what medical or money benfits may be provided.
-tom-
Querist :
Anonymous
(Querist) 22 January 2012
we file wc, but employer advocate confidently saying that
'when company registered to esi than no need to pay any from employer' and also esi also not responsible because they not covered under definition of dependents in law
because claimants are brother of deceased
now i want citation for this matter to proving employer is responsible in this situation
thanks in advance..
prabhakar singh
(Expert) 22 January 2012
Mr.Makkad has told you all.What is the confusion??
Querist :
Anonymous
(Querist) 23 January 2012
employer's advocate totally disagree to give any amount to claimants (brother of deceased) and judge also favoring him
so i need citation
