Hr Generalist
R.Durga Prasad Naik
Hr( Major) And Marketing
Sr.executive Hr
Human Resources
+1 Other

Dear friends,
I have a case study for you and seek for your valuable feedback on the same.
One of my friends was working with a reputed firm in the position of GM. One night while returning to his home from an official party/ meeting (which was conducted in some other premises) he met with an accident at 23:00 Hrs. and passed away in the hospital after a painful struggling with his life for long 10 days. Now the company is playing with the helplessness of his family. It seems from thier attitude that they will not give any compensation to the deceased's family. His age was 36 at the time of death and he has left back his wife and 5 yrs old child.
I will be very thankful to you if you can show me the correct way for claiming the compensation. Whether Employee Compensation Act is applicable in this case. If yes then how to start with. What are the other death benefits that we can claim on the company.
Your response will be highly appreciated.
Thanks & Regards,

From India, Calcutta
Dear Mr.Subh,
It is firstly to be noted that your friend is not eligible for EC Act.1923.
Question is that how you can prove that he is on official duty?
Is their any ciurcular of meeting signed by him ?
Please check if company has any policy like MEDICLAIM?
Also please check if any GPA Policy exist with the company
Mangesh Wakodkar

From India, Pune
Dear Mr. Subh,
Well please provide the details where the discead worked.Is it into Sites of Office. As u said if he is working in sites by default we can covered under W.C subject proving that while on duty he had met with an accident.
We can go thru PF ALSO.

From India, Hyderabad
Dear Team,
The employee is not eligibel for benefits under EC Act, if it is not happended within the Principal Employer premises. He can seek benefits under GPA if it is covered by his Principal Employer. Also his family members (spouse, children) can claim pension and EDLI claim under EPF Act.

From India
Dear Subh,
Under W.C Act it is an eastblished fact that if an employee dies due to a fatal accident arising out of and in the course of his employment the dependants of the deceased employee are entitled to get compensation. Though accident took place at 23.00 hrs. and out of his office premises but at the time of accident he was returning from the meeting place which was organised for the purpose of his employer's trade or business he must be treated that he was on official duty.If the attitude of the employer seems that he does't want to pay compensation amount to his decased employee then the dependants of the deceased should file a claim case under Workmen's Compenasation Act'1923 in the court of workmen's compensation comissioner of the concerned state.The claim case may be filed either in the area where accident took place or in the area where the dependant resides.
Rajesh Kumar
Compliance Executive

From India, Mumbai
Dear Subh
Hi this is prasad Naik
First up all,we have to check whether the company's policy. And then we can check whether the employee was on official duty. and also As per the c & B act we have check whether the employee will be covered.
Prasad Naik

From India, Bangalore
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