If a manual worker dies due to an accident at a worksite, his/her nominee or legal heirs are eligible for financial assistance for transportation of the body of the worker, from hospital to their native place. It would apply to inter-State migrant workers too and a clause to this effect was recently included in the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994.
For the purpose of this clause, “accident” means death of a manual worker solely and directly from accident arising out of and in the course of their employment but does not include any intentional self-injury, suicide, attempted suicide, injury caused while under the influence of intoxicating liquor or drugs or caused by insanity or resulting from the commission of any breach of the law, or rules, regulations or instructions applicable, from time to time.
The amount of financial assistance would be paid under two categories -- in case of manual worker of Tamil Nadu, the transportation cost within the State of Tamil Nadu and Puducherry and in case of inter-State migrant worker, the transportation cost outside Tamil Nadu. In the case of the latter, the actual transportation cost of government mortuary van/train or transportation cost of air up to maximum of ₹1 lakh from hospital to worker’s native place in the State concerned.
The scheme would apply to the manual workers engaged in construction or maintenance of dams, bridges, roads or in any building operation, among others. Any manual worker could register his/her name with the Board for the Welfare of the Manual Workers through the respective district’s Labour Officer (Social Security Scheme).
Immediately upon the happening of any accident resulting in death at worksite, the claim is to be made by the nominee or legal heir in Form-DD in Schedule II, to the Assistant Commissioner of Labour (Social Security Scheme) of the respective district, who would examine the application for grant of financial assistance for transportation of the body in accordance with the provisions of the clause. The First Information Report, legal heir certificate, death certificate, and post-mortem reports are to be produced in this regard.
The Assistant Commissioner of Labour (Social Security Scheme) of the respective district shall complete due verification within two working days from the receipt of the claim and submit the application for the grant of financial assistance to the respective District Collector / Chairman, District Monitoring Committee to accord permission for sanctioning the claim. The decision of the District Collector shall be final.
Once the claim application is approved by the District Collector, the Assistant Commissioner of Labour (Social Security Scheme) of the respective district shall sanction the financial assistance to the nominee or legal heirs on production of the vouchers of the actual expenditure incurred and disburse the financial assistance through the District Collector concerned.
“In case of emergency, the district administration concerned may bear the cost of transporting the body of deceased construction workers including inter-State migrant workers to their native places to avoid delay. This financial assistance shall be reimbursed to the concerned District administration after following the procedures mentioned”, said a notification issued by the Labour Welfare and Skill Development Department.
