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HANDLING A DEATH CASE
Accidents in factories
ACCIDENT CASE
• Company: ABC FACTORY
• Location: INDIA
• Date: Jan 21, 2013
• Effects: 2 killed, 2 injured
Incident
• At 10am on Sunday, Chattopadhyay, a production engineer, entered the machine
with Goyal and Singh to clean it while Senapati was at its entry point. Just then,
someone in the factory's control room switched on the machine. By the time
Senapati jumped off and managed to turn the switch off, Singh had started
spinning with the machine and died on the spot.
After effects
• Operations at the factory were suspended.
• The company's AGM said the victim's kin would be compensated in accordance as
per rules.
Implications for HR
• Risk involved
• Legal implications
• Labour Unrest
Steps to be taken
Take the injured victim to nearest Govt. Hospital / ESIC Hospital or Tie-up hospital
Steps to be taken…..
• Immediately inform family members of the injured (I am using the word injured
because till the medical practitioner has not declared him brought dead or
succumbed to injuries.)
• Inform by telephone / telegram or
messenger to Factory Inspector / ESIC
Branch manager / WC commissioner
Once death is confirmed, inform
nearest police station in-charge
Steps to be taken…..
• Take two witness statements
preferably from fellow
employees and take photographs
of the accident site
• Submit Accident Report in Form 24
to Factory inspector and Form 16 to
ESIC branch manager within 24
hours.
Steps to be taken…..
• Barricade the accident site and stop the
work till clearance is given by factory
inspector
• Update the Accident Register
Steps to be taken…..
• Ask Family members / relatives to obtain at least 5 copies of Death Certificate in
English language as many govt. offices don't accept certificate in vernacular
language including PF / ESIC. If the certificate is in local language then get it
translated in English and notarised. Also get copy of Panchnama and post-mortem
report.
• Submit Necessary Documents To ESIC Like Employee’s IP No, TIC, Muster Roll,
Accident Register, Death Certificate And Crematorium’s Receipt etc So That The
Victim’s Legal Heir Can Get Funeral Expenses.
Steps to be taken…..
• If the factory is not covered under ESIC, then calculate the compensation payable
and deposit the amount with WC commissioner.
• Check Gratuity nomination Form F and pay Gratuity benefit to nominee of the
deceased employee
• Submit PF death claim Forms 20 (PF), 10D (Pension) And 5IF (EDLI) along with list
of surviving members, Death while In service certificate, Cancelled Cheque,
Passbook copy of Pension Account of each claimant including wife and individual
children.
• In Case of any Group Life / Group Accident Insurance Scheme from Insurance
Company submit necessary documents and get the Insurance Claim settled for
the family member.
Steps to be taken…..
• If the blast in oven is due to
explosive fuel, inform Explosives
Licence authorities.
• If the blast has anything to
do with Boiler, inform Boiler
Inspector.
• If the blast is due to pressure,
check valid pressure vessel
testing certificate.
Steps to be taken…..
Post Accident Measures
• Once reporting is done, Occupier will be prosecuted and it will be a criminal case.
• Hire an Advocate to represent the case
• It is advisable that you show and take all corrective actions to satisfy Factory
Inspector that such incident will never happen again
• Accept the fault, pay required penalty in the court.
• Make sure you get closure copy of the case
• THANK YOU

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HANDLING DEATH ACCIDENT CASE

  • 3. ACCIDENT CASE • Company: ABC FACTORY • Location: INDIA • Date: Jan 21, 2013 • Effects: 2 killed, 2 injured
  • 4. Incident • At 10am on Sunday, Chattopadhyay, a production engineer, entered the machine with Goyal and Singh to clean it while Senapati was at its entry point. Just then, someone in the factory's control room switched on the machine. By the time Senapati jumped off and managed to turn the switch off, Singh had started spinning with the machine and died on the spot.
  • 5. After effects • Operations at the factory were suspended. • The company's AGM said the victim's kin would be compensated in accordance as per rules.
  • 6. Implications for HR • Risk involved • Legal implications • Labour Unrest
  • 7. Steps to be taken Take the injured victim to nearest Govt. Hospital / ESIC Hospital or Tie-up hospital
  • 8. Steps to be taken….. • Immediately inform family members of the injured (I am using the word injured because till the medical practitioner has not declared him brought dead or succumbed to injuries.)
  • 9. • Inform by telephone / telegram or messenger to Factory Inspector / ESIC Branch manager / WC commissioner Once death is confirmed, inform nearest police station in-charge Steps to be taken…..
  • 10. • Take two witness statements preferably from fellow employees and take photographs of the accident site • Submit Accident Report in Form 24 to Factory inspector and Form 16 to ESIC branch manager within 24 hours. Steps to be taken…..
  • 11. • Barricade the accident site and stop the work till clearance is given by factory inspector • Update the Accident Register Steps to be taken…..
  • 12. • Ask Family members / relatives to obtain at least 5 copies of Death Certificate in English language as many govt. offices don't accept certificate in vernacular language including PF / ESIC. If the certificate is in local language then get it translated in English and notarised. Also get copy of Panchnama and post-mortem report. • Submit Necessary Documents To ESIC Like Employee’s IP No, TIC, Muster Roll, Accident Register, Death Certificate And Crematorium’s Receipt etc So That The Victim’s Legal Heir Can Get Funeral Expenses. Steps to be taken…..
  • 13. • If the factory is not covered under ESIC, then calculate the compensation payable and deposit the amount with WC commissioner. • Check Gratuity nomination Form F and pay Gratuity benefit to nominee of the deceased employee • Submit PF death claim Forms 20 (PF), 10D (Pension) And 5IF (EDLI) along with list of surviving members, Death while In service certificate, Cancelled Cheque, Passbook copy of Pension Account of each claimant including wife and individual children. • In Case of any Group Life / Group Accident Insurance Scheme from Insurance Company submit necessary documents and get the Insurance Claim settled for the family member. Steps to be taken…..
  • 14. • If the blast in oven is due to explosive fuel, inform Explosives Licence authorities. • If the blast has anything to do with Boiler, inform Boiler Inspector. • If the blast is due to pressure, check valid pressure vessel testing certificate. Steps to be taken…..
  • 15. Post Accident Measures • Once reporting is done, Occupier will be prosecuted and it will be a criminal case. • Hire an Advocate to represent the case • It is advisable that you show and take all corrective actions to satisfy Factory Inspector that such incident will never happen again • Accept the fault, pay required penalty in the court. • Make sure you get closure copy of the case

Editor's Notes

  1. Remember - Always be polite whenever the family members are approaching you for any help because they lost the earning member of their family and they are in need of your help to get Compensated.