Respected Sir,
I am a senior citizen man, my younger son got accident in a company (Steel making company) during working and passed away. He was working with that company from last 3 and 6 months. He was working as engineer and was getting salary more than 25000. In his company there is a group accidental insurance. I have submitted all the documents for death claim. But the
company is saying that you must do a affidavit in court that I will do not claim any thing else other than the group accidental insurance claim in company. I want to know that this is fair practice. What should I do? kindly can you suggest me? And Can I Expect more compensation because my son was bread and butter for my family?
Harihar Prasad

From United States, Columbus
Dear Sir,
You can put up case before Regional Factory Director about the same. I am sure you will will get fair amount through EC Act.
Advise you to not to give any affidavit.
You will get ECA Compensation + Group Accidental Insurance....

From India, Pune
The company is liable to pay you compensation as per the WC act. If your expectation of compensation is significantly different from the one company is ready to pay, you should go through the labor commissioner. The company's approach is more like an "out of court settlement" and would ensure speedy payout. There is nothing wrong with it. You are not entitled to both WC and GPA claim.
From India, Ghaziabad
Dear Shri Harihar Prasad Ji,

Please accept heartfelt condolence from me Sir. Certain things are not in our hands.

It seems the company wants to settle the legal dues only with claim under Group Accidental Insurance and deprived you from other legal dues payable to you. That is the reason the company is asking you to sign the affidavit.

Your deceased son was covered under Group Accidental Insurance. The claim under it, is a right of the nominee / legal heir. Apart from it, the company is liable to pay following legal dues.

1. Unpaid salary till the date of death, if any;

2. Leave encashment;

3. Settlement of PF dues, pension and IF under it, if member of PF;

4. Gratuity; and

4. Compensation under EC Act.

Claim under GAI is not a substitute to the Compensation under EC Act.

You son worked with the company for, I suppose, 3 years &.6 months. If the company having GGS and there is a insurance cover, you will get good amount of Gratuity. Else, you are entitled for Gratuity for 4 years.

To get your claim, you are advised to first write to company and approch Labour Commisioner and Factory Inspector. You can also approach Senior Citizen Cell in your region. They will help you.

Can I know the name and address of the company? You can contact me any time on my cell 9820116383.

From India, Mumbai
The above case seems to be posted from USA
If the accident was in USA and the company is also in USA, then employee compensation act (ec act) will not apply. There may be local laws that would apply instead. American courts are very stringent on compensation for accidental death specially in case of negligence, etc.
Please clarify on the above

From India, Mumbai
Dear Saswata ji, I do not feel that in America any company will deny your right and take such affidavit. Morever the salary is not mentioned in dollar. It is Indian case only.
From India, Mumbai
Good morning.
I was going by the stated location
Salary is stated, but not in rupee or dollar, so we need to wait for the poster to confirm
But I don't think American companies are saints. Many of them are worse than our Indian employers.

From India, Mumbai
You\'ll get benefit under both the policies as it is mandatory for every company falling under Factories Act to get GPA & WC Policies for their employees.
Death benefit under GPA & WC should be given to you. The Company HR has to help you in this regard for getting the claim from Insurance company. If he is not doing you can go to Regional Labour Commissioner.

From India, Belgaum
I have a similar case, one of my Brother in Law was working in Bahrain on Behalf of an Indian Company Bramco India Pvt. Ltd. between 16 Feb 2004 to 30 March 2006. He died in Boat tragedy at the cost of Bahrain during a Nass, Murray and Roberts party to celebrate the completion of concreting work at the Bahrain World Trade Centre. A total of 58 persons had died in that tragedy including his wife.
However no compensation was paid to his parents either by the company in which he was working or the boat company which capsized.
Please advice if she can send then notice for compensation now as this case is more then 7 years old.

From India, New Delhi
Harihar Prasad Sir,
regarding compensation there is a separate court called as a "WC" court means Workmen compensation Court. works under the "Workmen Compensation Act". Now the Act has changed in to "Employees Compensation Act". My suggestion is not give any affidivate to company. File the complaint against the company with proper channel with " Employees Compensation Commissioner.

From United States, San Jose

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