In case of accident of contract worker in work , who shall be held liable contractor or principal employer?

Answer 1

For such contingencies of accident the Contract Labour Act, 1970 clearly provides under section 19 FIRST-AID FACILITIES. - There shall be provided and maintained by the contractor so as to be readily' accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labour is employed by him. If he fails in any such provision the section 20 of the Act provides LIABILITY OF PRINCIPAL EMPLOYER IN CERTAIN CASES. - (1) If any amenity required to be provided under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefore, such amenity shall be provided by the principal employer within such time as may be prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt by the contractor.
Thus you can say although the principle liability is that of the contractor but if he fails in this liability it’s the Principle employer who has to take up the matter of providing facilities to the injured labour.

Answer 2

The agency is primarily liable for a contract worker in case of accident. In case the agency cannot pay, the principal employer shoulders the compensation under the applicable provisions of the labor laws.

Answer 3

It would first depend on how the accident happened! If you were hurt during the required employment actions, the hiring body is responsible. Be sure that you are covered by the workers comp & not considered an independant contractor! Check with your local attorney about any potential ERISA headaches with your case!

Answer 4

It depends upon the contract.One can specify that all legal
liabilities will be borne by the contractor.However the Principal Employer shall have to bear the responsibility and he can deduct the compensation amount from his bill.

Answer 5

Jose is liable. This is because the car itself is not provided by the employer. The employer is not liable unless (1) they provide the car, or (2) the employer is responsible for the maintenance of the car. Neither is true here. Even though Jose was within the scope of his duties with his employer, they are not liable.

Answer 6

That's up to the court. Either or both might be held liable, depending on the circumstances. Which is why you need to carry appropriate insurance.

Answer 7

the principal employer is liable if you took all safety considerations and used them prior to the accident.

Answer 8

The contractor who employs him.If your servant in your house is involved in an accident in your house or on your duty outside, you are responsible because you have employed him.Who ever employs and pays salary must ensure safety of the worker.

Answer 9

First the one making your checks second the owner of the work site. But check with a laboral lawyer or union representavive to be sure.

Answer 10

dear manu only contracter will the responsible . further see the clause related to such terms about accident into the contract.