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what is my liability if any Labour died at my factory during work


24-Aug-2023 (In Labour & Service Law)
I have a very small factory at howrah, WB. 5 persons works my factory. I want to know what is my liability if any Labour died at my factory during work. I want to know it because in this particular case police harassment to the owner. Please tell me what is my liability and what to do and not to do. ( With law section) Thank you
Answers (1)

Answer #1
906 votes
The Workmen's Compensation Act, 1923

The compensation to be paid by the employer for
injuries caused depend on extent of the disablement
suffered by the worker; more severe disablements naturally receive
higher compensation.
This has been categorised as follows:
Compensation payable in case of:
1) Death;
2) Disablement
(a) Permanent total disablement;
(b) Permanent partial Disablement
(c) Temporary disablement-
(i) Temporary total disablement;
(ii) Temporary partial disablement.
In addition, the guiding principle is, the higher the age of the injured
worker, the lower the compensation.
What is the basis of calculation of the amount of
compensation?
Wages are the basis for amount of compensation paid. Two workers
earning different salaries therefore will get different amounts of
compensation even though the injury they suffered might be
identical. Compensation under this Act is calculated on the basis
of the monthly wage received by the worker. According to this Act,
it is the amount of wages which would be payable for a month’s
service - i.e. irrespective of whether the worker is paid on a daily,
weekly or piece rate basis. For method of calculating ‘monthly
wages’ see Annexure 1.
Note: Wages: is defined as the privilege or benefit which is
measurable in terms of money other than any travel allowance, or
provident fund or any other special benefit claimable by the worker,
during the course of his employmen

Deciding Compensation

Compensation to be calculated on the basis of the
minimum wage, if notified
Where a worker received a monthly wage less than what is
prescribed under the Minimum Wages Act, 1948, s/he would be
deemed to be drawing the monthly wages as prescribed by the Act
for the purposes of calculating compensation. .

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