Acident at work
monika
(Querist) 11 March 2013
This query is : Resolved
dear sir,
last Saturday , i met accident in my work place, brick fall on my head and i hv 4 stitches.. my boss put banner on the wall with temporary bricks for cover the sunshine and i m working below it and suddenly fast wind was flow and one brick hit on my head . so sir tell me how i get legal action againt my boss. there are 5 employ are working and company hav just VAT number for trading ,, not factory certificate, plz help me out
Devajyoti Barman
(Expert) 11 March 2013
It is a case u/s 133 crpc. File petition before the magistrate for relief.
monika
(Querist) 11 March 2013
thanks sir,
wat about punishment and compensation ???
Devajyoti Barman
(Expert) 11 March 2013
For that separate legal proceeding is to be initiated.
monika
(Querist) 11 March 2013
dear sir , under which sections ?? 4 punishment and compensation?? plz tell me
Raj Kumar Makkad
(Expert) 11 March 2013
You need to file proceeding under Workman compensation Act before the Commission under WCA apart from lodging a report against the management.
monika
(Querist) 12 March 2013
Thanks sir, how much Max compensation is likely to giv and how much max punishment is ...
Raj Kumar Makkad
(Expert) 12 March 2013
amount of compensation cannot be anticipated without having the relevant data of salary, expenses incurred on treatment, day of rest, loss of income, percentage of disability etc.
prabhakar singh
(Expert) 12 March 2013
I think you have not met any kind of disability temporary or permanent then you would get cost of treatment and job loss wages what ever that be in your case,understand accordingly.
Raj Kumar Makkad
(Expert) 12 March 2013
No one should anticipate the facts not told by querist and even we should not suspect about the querists.
prabhakar singh
(Expert) 12 March 2013
I have not anticipated but have rightly inferred from his own statement "i hv 4 stitches"
Raj Kumar Makkad
(Expert) 12 March 2013
4 stitches are sufficient to claim for compensation because prior to stiches, much blood would have been came out from the injury and it must have given pain which ultimately would have required rest from work and special diet, expenses for treatement etc.
monika
(Querist) 12 March 2013
thanks all of u ..
but , wat about punishment?? is there any chances for punishment for Boss?? except compensation
Raj Kumar Makkad
(Expert) 12 March 2013
Punishment requires a long battle. You have not told whether you lodge FIR against your boss or not.
monika
(Querist) 12 March 2013
no , til now i not lodge any complaint and FIR , so plz tell me under which sections i lodge my complaint?
prabhakar singh
(Expert) 12 March 2013
I know "4 stitches are sufficient to claim for compensation " BUT NOT AS MUCH AS IT COULD BE IN A CASE OF DISABILITY WAS MY POINT IN MY FIRST ANSWER.
prabhakar singh
(Expert) 12 March 2013
YOU APPEAR TO BE LATE FOR LODGING A FIR.
OF WHICH DATE THE ACCIDENT IS?
monika
(Querist) 12 March 2013
accident date is 8-march-13 , evening
Raj Kumar Makkad
(Expert) 12 March 2013
You are not much late. File a criminal complaint under section 200 of Criminal Procedure code with application under section 156 (3) criminal procedure Code. engage a local lawyer now and do as advised.
prabhakar singh
(Expert) 12 March 2013
YOU MAY LODGE REPORT ATTRIBUTING NEGLIGENCE OF YOUR BOSS PLACING BANNER ON OLD WALL.YOU NEED NOT MENTION LAW AS THAT IS THE JOB OF POLICE.
