Section 88:
Power to require from employers statements regarding fatal accidents.
(1) Where a
competent authority receives information from any source that an employee has died as a result of an
accident arising out of and in the course of his employment, he may send by registered post or where
possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of
the service of the notice, a statement, in such form as may be prescribed by the State Government, giving
the circumstances attending the death of the employee, and indicating whether, in the opinion of the
employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice
shall also be sent by the competent authority in the same manner to the dependants of such employee
ascertained by the competent authority.
(2) If the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit
within thirty days of the service of the notice.
(3) If the employer is of the opinion that he is not liable to deposit compensation, he shall in his
statement indicate the grounds on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the competent authority, after such inquiry as he
may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants
to prefer a claim for compensation, and may give them such other further information as he may think fit.
(5) Where in the opinion of the competent authority, a dependant of the deceased employee is not in a
position to engage an advocate to file a claim for compensation, the competent authority may provide an
advocate to such dependant, from the panel of advocates maintained by the State Government.