Legal Question in Workers Comp in India
worker compensation
i owner of small machine shop, for security purpose i kept a watchmen. one holiday he climp on tree ourside workshop preimises for cutting the tree and one of the branches fall on electric grid passing by and he was dead on the spot. now i am liable to pay worker compensation. please help me
1 Answer from Attorneys
Re: worker compensation
you should try to negotiate a compromise with his family on mutually settled terms.
watchman does not have any duty to cut trees. if it can be proved that he was a 'helper' in the shop, you may probably be liable for compensation.
if the matter goes to court, the judgement will depend on what finally emerges after pleadings and evidence; that may be all guess work at this stage.
the decision may be either way.
better you settle out of court.
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