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Author Topic: Help needed in seeking compensation from employer  (Read 751 times)

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Offline gbajekal

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Help needed in seeking compensation from employer
« on: April 19, 2016, 10:38:02 AM »
Hello All,

I am posting this on behalf of my house help who lost her husband in a cruel tragedy. Her husband was working on a movie set when he got electrocuted. The employers have not paid any compensation to her. An FIR was lodged and a Post mortem done. The cause of death has not been determined in the FIR as the viscera has been sent to the Forensic Lab.

I contacted the investigating officer and he said the FSL lab report will take abou 6 months. My question is can my house help file a case against the employer for negligence? Is there a lawyer or an organization that can take up the case on her behalf and see justice for her?

Thank you

Gautam Bajekal (9515110629)

Offline riteshmaity

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Re: Help needed in seeking compensation from employer
« Reply #1 on: April 24, 2016, 10:16:35 AM »
If the person (the deceased husband) was employed by a company (the definition of movie set is not clear) then he can surely claim compensation.

For that the nature of work of the employee as well as the nature of company is required. If employer - employee relation is established, then payment of compensation would come depending on the age and last drawn salary of the employee.

FIR is done for reporting since it is an accidental death. However, police is not the appropriate authority to recover compensation under labour/ employment laws.

Please let me know if I can help you further.
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Offline advjaibansal

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Re: Help needed in seeking compensation from employer
« Reply #2 on: May 04, 2016, 01:09:44 AM »
Dear Sir,

Please advise the house help to approach the Legal Aid Committee for free legal aid. They will appoint a lawyer and file a case for compensation against the employer as the accident has happened while working and on the job. She is entitled for compensation for this accidental death.

jai bansal, advocate
new delhi
supreme court of india
jai bansal
Advocate, New Delhi
Supreme Court of India
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