MrityunjaysktIf any worker died after one day work then which benefits his dependent get under labor law & why tell me briefly & also tell me if he died by fatal accident or natural
From India, Varanasi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Manager - Administration & Hr
As far as my knowledge, the dependants of the deceased employee shall be eligible for:
1) If the deceased employee is covered under ESI Act, Funeral and Pension Benefits
2) If the deceased employee is covered under EPF Act, EDLI and Pension Benefits
3) If the deceased employee is not covered under ESI Act, compensation as per Employee Compensation Act
4) If the death is due to accident and if he is covered under any accident insurance policy by the employer, benefits as per policy terms
From India, Erode
tsivasankaranIf it is fatal accident and if your organisation is covered under ESI and if his salary is Rs 15000/ pm or less
1. His family will get Funeral benefit
2. His family will get Pension under ESI
If it is fatal accident and either your organisation is not covered under ESI or if the employee's wages are more than Rs 15000/ pm
1. His family will get compensation under Employees Compensation Act and the Company has to pay
If the death is not due to employment or in the course of employment, his family will not be eligible for any compensation except funeral benefit under ESI.
If the employee had been a member in the earlier organisation and had been a PF memeber for a year , then his family can claim EDLI benefit. However, most of the organisatiuons go with Insurance Companies and his name would not have been included in the policy. The family need to approach the PF Office to get the benefit.
Again if he has put in pensionable service in PF, his family will get pension otherwise, no pension is payable
EDLI and Pension under PF are payble both in accident cases and in natural death.
From India, Chennai
Confirming, if the employee was covered under group accident cover, then the dependents are eligible for benefits under death due to accident. Usually it is 100 times of the basic salary of the employee.
Citing a similar case, a temp employee fell down from the train, while going back from office, his family got the insurance money, which the company claimed and passed on to them.
As the employee was on cash voucher, his salary drawn was as low as 4200/- pm. His family received 425000/- from the insurance company.
It is good, that we have group cover for almost all temp and laborers working at warehouses.
From India, Mumbai
tsivasankaranThere ois nothing called Group accident cover legally. employers take this policy and technically there is no obligation on the part of the Management to pass on this benefit to the deceased employees family.Technically and legally deceased employees family will get ESI compensation/Employees compensation under relevant law.However, if there is a settlement or if the appointment letter talks about Group Insurance, then the benefit need to be passed on.Group accident need not give 100% benefit It depends on the terms and conditions and usually there is a ceiling fixed based on the premium
From India, Chennai
boss2966Dear Friends The Group Personal Accident Policy / Workmen Compensation Policy is being taken to compensate the victim as per Employee Compensation Act.
From India, Kumbakonam
tsivasankaranPlease note thr difference between Group Accident Policy and Employee compensation Policy.Personal accident policy does not provide compensation equivalent to Employee compensation Ploicy You can take this policy, and if the benefits are lesser than provided in Employee Compensation Act, then the Management has to pay the difference. Similarly, if you receive more amount, you can retain the balance. There are positive as well as negative aspects in deciding which policy need to be taken. For example, personal accident insurance policy/group accident policy covers accidents outside work place as well. Employee compensation ploicy will cover only the accidents in connection with employment and it is also expensive
From India, Chennai
varghesemathewMr Mrutyajayu. You have nit mentioned where and how did the employee die. Varghese Mathew
From India, Thiruvananthapuram
firstname.lastname@example.orgIt is not possible to cover the employee in any statutory complaince on the very first day of the employee joining a company. So here the question arise that whether the employee has died within the company premises naturally or accidentally, if accidentaly then it is deemed that the accident has occurred due to negligence and the company has to compensate accordingly. If it was a natural death there is no legality from the employers part and can compensate if desire so. The employee has to depend upon his LIC or any other insurance he has covered himself and for his family
From India, Ahmadabad
tsivasankaranIt is not the question of whether it is possible to cover or not. The moment an employee reports for works on the joining day, he or she is covered under certain legal obligation. For example, he becomes an insured employee under ESI whether you have got the forms filled or not.In fact I have faced a similar situation in 1987 when an employee died inside the factory due to an accident whithing one of his reporting. His family has been sanctioned pension under ESI eventhough there had not been any contribution. We reported the accident, explained the circumstances and we were asked to pay ESI contribution for that day.We just had to prove he was engaged on that day and he indedd is a bonafide employee and covered under ESI.I know his family will not get pension under PF or even EDLI. EDLI is also possible in case of a policy with LIC where monthly statements are sent for addition deletion. If I remeber correct, some of the Insurance Companies provide EDLI benefit from day 1
From India, Chennai