Death of employee on site will employer be liable for the same?

750 votes

For you to be liable for the death of this employee, certain factors need to be taken into consideration. Firstly, was the construction taking place at your premises or was it happening at an adjacent premises for which you are not responsible. Secondly, if you were responsible for the construction, did you take safety and precautionary measures. Thirdly, did you equip your employees with adequate safety equipments like helmets, etc. In any case, if a case is filed against you the same would be for negligence and causing death due to negligence. However if you can show that you were not negligent, you can put up a valid defence. Contact me with required details if you wish to know further. Regards

Advocate Shikhar Khare LawRato

951 votes

Dear Sir
If you had nothing to do with that construction then no charges shall be framed against you, neither shall you be liable to compensate the family members of the deceased. However, if the construction was an affair being looked after by you then you may be proceeded against for causing death by negligence i.e u/s 304A of the Indian Penal Code. In that case, you may need a good lawyer to defend you since the incident you explain may be used against you. In addition to that you may be asked to compensate the family members of the deceased. The amount of compensation i cannot tell arbitrarily. The amount shall depend on various factors and is a matter of criminal trial. Kindly get in touch with a lawyer.

Advocate Mudita Sharda LawRato

933 votes

Hi
Under Employees Compensation Act you are liable to compensate the legal heirs of the deceased employee.
The amount of compensation will depend upon the age of the employee at the time of his death and salary he was drawing at that time.
You will have to deposit the compensation with the Commissioner of Compensation otherwise you may be held liable to pay Penalty as well as the Interest.
Charges under Section 304 A of IPC MAY BE framed if police decided to book you for his death.

Advocate Pravin Sharma LawRato