Part Time Labour Died Due To Fall And Now What Are Legal Consequences

A laborer was hired to work for whitewashing the house. While working, he fell down and died. What would be the legal consequences for the same, and how will compensation be decided for him? He died because he did not take safety precautions and did not wear a belt for safety.

Thanks

Dear PRIYA,

I think the information given is not sufficient. Whether the house is owned by the person who engaged the victim for doing the white-washing? If so, whether the owner alone occupies the house or any portion of which is let out? If yes is the answer for the first part, whether any business or commercial or trade activity is carried on in or from that house? Whether the victim was engaged for the work on a contract basis through a painting contractor or himself an independent contractor or on a daily wage basis?

Regardless of whether the employee was full-time or part-time, if he was covered during the course of his employment, that party is liable. Also, allow for them to investigate.

We shouldn't shy away from taking responsibility; in this case, the person is deceased. If he doesn't have any other personal coverage, then assistance should be provided to the family.

Hope this is helpful.

Whenever such queries are posted, please provide full details. One may feel that some details are irrelevant but for experts to provide meaningful help, it is always essential to give full details.

Thank you, everyone, for the replies; I truly appreciate all of them. I have received sufficient input, and Lelo, thank you for the suggestion - I will definitely follow through. We can now close the query.

Dear Senior,

Although our seniors had their input on the cited subject, unfortunately, we still need to understand the legal implications and resolutions of such situations when the hired person is engaged part-time. Usually, the company is required to hire individuals on a temporary basis for certain tasks, such as services, whitewashing, construction, etc. Please apprise.

Regards,
Prakash Tiwari

These issues need the attention of all. Practical and personal experience sheds some light on this. In my view, there is much relevance to the statement of Mr. Umakanthan M., Additional Commissioner of Labour (RTD).

Regards.

Dear PRIYA,

In reply to your query, Sh Umakanthan and other members have sought to clarify certain points. Instead of mentioning the inputs, you have requested to close your query, which shows that, in actuality, you do not have the inputs. You were not serious in raising this query; rather, it was just for FUN. My advice is that if you have sufficient time, it's fine, but please do not waste others' time in the future.

Thanks,
BS Kalsi

Dear Priya,

I fully agree with the comments of Mr. B.K. Kalsi. It appears that you are not serious about your query. If you or anybody wants any reply or suggestions, they must provide their input in the proper way (and not based on assumption or "if it happens," etc.) so that the experts can give their opinions in the right way without wasting time on both sides. Please take care in the future before you raise any queries. This is written in the interest of mutual advantages and not with the intention to hurt anybody.

Adoni Suguresh Sr. Executive (Personnel, Administration & Industrial Relations) (Retired) Labour Laws Consultant

Yes, immediately, what have you done on that issue....

1. FIR recorded. Or not.

There is one sufficient act existing in India to cover all the building and other construction workers since 2006. Any construction or building worker who dies due to an accident at the workplace will be given 2 lakh rupees by the Andhra Pradesh Building and Other Construction Workers Welfare Board, Hyderabad.

Now it is relaxed that any registered building worker who dies, not only in the workplace but anywhere, can be given the above amount to the bereaved family. The BOCW Act is now in existence not only in A.P but also in Tamil Nadu, Kerala, and some north states.

In the above incident, the accidental death occurred due to a lapse of safety measures. Therefore, the building contractor or masonry, as well as the owner of the building, will be held responsible for the death of the worker.

Take the advice of the nearby labor department officials to help the poor demised building worker. There is even eligibility given to the deceased building worker unregistered by the labor department as well.

Take pains to help the poor.