The Legal Framework Of Employer’s Liability Of Accident At Construction Sites: A Critical Analysis
- IJLLR Journal
- 4 minutes ago
- 2 min read
Ravika Shokeen, Research Scholar, School of Law, Sushant University
Dr. Sulakshana Banerjee Mukherjee, Associate Professor, School of Law, Sushant University
ABSTRACT
The rapid urban transformation in India symbolises modern progress through the construction of high rise towers and bridges. Yet the real story is far grimmer. The records of National Statistic Office shows that the construction industry contributes over 8 % to India’s GDP and provides employment to more than 5 crore workers, so it stands as a torch bearer of economic expansion. The official statistics from the NCRB shows that thousands of workplace deaths annually, they are widely considered as the tip of an iceberg due to under- reporting. According to international analyses India’s construction industry ranks among the most hazardous in the world, with accident and fatality rates alarmingly very high. For a nation eager to project itself as a global economic force, it is a harsh reality. In the construction industry, employers hold a key responsibility to make sure the safety and security of its workers. It is the obligation of the employers to implement comprehensive safety measures, like proper training programs, the use of self-protective equipment, and regular safety checks. Failure to maintain any of these standards can make the employer liable for any. Mishappening at the site. Additionally, employers are responsible for complying with occupational health and safety laws, ensuring that all safety protocols are updated, and promptly address any hazards identified by workers. Ultimately, employer liability in construction extends from preventive measures to accountability in the event of workplace mishaps. The research paper examines the legal framework that shapes employer liability towards accidents at construction site. At its core, employer liability does not only act as a mechanism of accountability and compensation but also as a legal tool to promote a culture of safety. This author adopts doctrinal, socio-legal and comparative approach to examine what may be called India’s “paradox of progressive law and regressive reality.”
