Tajsateesh
Recruitment/talent Acquisition, Career Counselling
9871103011
Private Consultant On Labour Laws
Kknair
Hr, Ir, Law, Disc. Matters
K C S Kutty
Labour Laws
Sreeram70
Manager
+4 Others

Thread Started by #rjanand

Dear SIr/Madam

One of cousin who works for a reputed public ltd pharma company passed away while traveling on work.

On 8th April, he was supposed to attend a meeting in Chennai alongwith his colleagues who would join from Bangalore. He was coming from Hubli (Karnataka). He alighted the bus at Bangalore and was walking to the auto stand when he collapsed suddenly. He had a stroke which paralyzed him on the right side and became unconscious.

Later, he was admitted to hospital and despite all our efforts for 4 days, he could not be saved.

He has one borther and 2 sisters who are nto so well todo. He was the person to goto in his family. With this loss, his family is in a very difficult situation.

Would like to know if the company is liable under law to compensate his dependents in these circumstances. If yes, what should be our expectations and how should we approach the company in this matter ? So far they have been very co-operative in helping with the cashless insurance when he was admitted to hospital. Now that he is gone, the family needs to cope up with the loss of financial support he was providing.

Your advice will be greatly appreciated.

Thanks

Rajeev
16th April 2013 From India, Bangalore
Dear Rajeev,
Please note that family shall get the compensation if person got injured during the course of employment. Please refer the below fact.
Payment of Compensation under EC Act 1923
The employee’s Compensation Act 1923 provides for Payment of Compensation to an employee if the personal injury is caused to an employee by accident arising out of and in the course of employment. His employer shall be liable to pay compensation in accordance with the provisions of this Act. i.e. (1) Death (2) Permanent Total Disability results from the injury (3) Permanent partial disability results from the injury (4) Temporary disablement whether total or partial, results from the injury.
Dear All,
Please contribute on topic.
Thanks & Be Safe,
Inderjeet Singh,
"Born to lead."
16th April 2013 From India, Rajsamand
Hello Inderjeet Singh,
A query--the Act you referred to mentions "........caused to an employee by accident.........".
Would the situation Rajeev mentioned fall under the definition of an 'accident'?
Maybe the Legal expert members can give more clarity on any other options available to Rajeev?
Rgds,
TS
16th April 2013 From India, Hyderabad
Dear TS,
I'll get back to you shortly on this. This may not fall under the definition. But the thing is that whatever problem took place, it was during the course of employment. I'll clear it with experts & come back on forum.
Thanks & Be Safe,
Inderjeet Singh,
EHS.
16th April 2013 From India, Rajsamand
Hope the learned member will be able to give us a reply to the point. Forget about the disability - whether total or partial or temporary or permanent. " Here in this case the employee died on the way to perform duties related to his assigned job" Whether dependants of employee eligible for compensation ?

16th April 2013 From India, Madras
Dear Rajiv Some additional information is required to find the possibility of getting compensation. Will you be able to give that ?
16th April 2013 From India, Madras
Dear Anand, The applicability of Employee Compensation Act 1923 would be there only if the deceased was employed in manufacturing operations. But if he was employed for sales promotion the coverage would not be there. Although the mishap occured while he was on duty but it also needs to answer as to 'whether it arose out of employment' . A paralytic stroke is a natural phenomena and cannot qualify for being 'accident' unless the same was caused due to the stress and strain of work. From the brief description it is not clear as to whether such circumstances existed.
In the absence of coverage under the EC Act, the family can look forward to the voluntary welfare schemes which many of the organisations undertake for insurance coverage and the matter could be pursued further in that direction.
17th April 2013 From India, Bhopal
All employed persons not covered u/ESI will not be entitled for compensation u/EC Act.The person injured should be employee as per the definition of employee under schedule II of the Act.
VARGHESE MATHEW
9961266966
17th April 2013 From India, Thiruvananthapuram
Ok. Thank you for your clarifications. If I correctly understand, this is more applicable to the manufacturing sector than sales/service. Thanks Rajeev
17th April 2013 From India, Bangalore
Dear Mr. Kutty, please let me know what additional info you need ?
17th April 2013 From India, Bangalore
Mr Rjanand
If you understand that EC Act is applicable only to manufacturing sector, you are wrong.It seems that you have not read sch: II of the Act.Dear friend, it is applicable to other areas also even to plantations and elephant keeping.
VARGHESE MATHEW
9961266966
17th April 2013 From India, Thiruvananthapuram
Sir,
Am not into legal and hence I'm not aware of the details. That's the reason I'm seeking help / info on this forum so that I can decide on the next course of action. Your guidance is welcome.
Thanks
Rajeev
17th April 2013 From India, Bangalore
Hello Varghese Mathew,
I think Rajeev has a valid point--suggest guide him the options open to him in terms he can understand & implement.
Rather than giving generic explanations about the EC Act & any other Acts, maybe he will be able to benefit more if he is given inputs on 'what to do' & 'why' [based on the relevant Acts] with SPECIFIC reference to his situation.
Rgds,
TS
17th April 2013 From India, Hyderabad
Rajeev Pl call me for detailed clarification as posting in this may not cover all aspects. Varghese Mathew 9961266966
17th April 2013 From India, Thiruvananthapuram
Dear All, In this cash company is reliable for give compensation of his dependent family??????? Regards, Vivek
17th April 2013 From India, Ahmadabad
Dear Mr Rajeev, generally every company will have insurance coverage also, pl look into this aspect, while with regard to compensation, let me pl know whether the industry is registered and covered under the act?, i mean the position of the deceased employee is with in the valid limits of the act or not. never the less the compensation can be claimed by the dependents from the government and as well from the management also. in case of any clarification required you may write to me on sriram15071970@gmail.com or you may call me on 09010352384
17th April 2013 From India, Hyderabad
Dear Rajeev,

I can understand your anxiety about the entitlement of compensation to the deceased.We all have sympathy for the bereaved family.This is a complex case of accident,which needs every details of his movements and link the same with his official duties.Although every case depends upon its own merits yet certain principles have been laid down by the different courts whereby notional extension or casual connection of employment is determined on case to case basis. In your cousin's case, you need to prove that he was under extreme stress or was over exerted due to the work pressure causing the stroke which paralyzed him on the right side resulting in death.In this case the medical report the hospital where he expired is very very important.There are number of judgments by various courts supporting these kinds of cases.Normally the employer is very sympathetic in such cases otherwise the dependents have to file an application before the Commissioner declared under the Employees' Compensation Act, 1923 of the Area, who has the jurisdiction to decide such matters.

BS Kalsi

Member since Aug 2011
17th April 2013 From India, Mumbai
Dear Rajeev,
You had mentioned that the employer had arranged for hospital treatment through cashless hospitalisation. (may be through individual hospitalisation policy) In that case, the employer may have also taken a group accident coverage policy for the employees, since the employees are expected to travel frequently and extensively. This fact you have to check up with the employer.
If that policy has a 24 hour coverage, then the death also could be covered. Since he was travelling from Hubli to Chennai via Bangalore ( I think there is no other way to Reach Chennai from Hubli) in connection with the official work, by giving "notional extension" of arising out of and during the course of employment, this may be covered.
I request you to please contact the concerned officers of the Co and ascertain whether any such insurance policy is in force. If you personally meet the Officers and explain the position, they will extend support.

17th April 2013 From India, Madras
Thank you all for your help. The company does not seem to be cooperating with correct information as needed on their policy in such situations with regard to employee's death. Am still following up.
20th May 2013 From India, Bangalore
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