Law Practice
Private Consultant On Labour Laws
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If one contract labour who is covered under ESI Act'1948 and died while in duty (electrical operation) is also entitle to get the benefits under Employee Compensation Act'1923? If not then apart from the funeral benefits and family pension under ESI Act, what are the other benefits his legal heirs are entitled to receive?
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ESI Act takes care of the liability of Employer which would have come on him under Employees' Compensation Act (Formerly WC Act). Once covered under ESI, no benefit or compensation is allowed under EC Act. The legal heirs i.e. spouse and minor children get monthly pension from ESI.
Apart from funeral expenses and pension under P.F Act, he is also entitled to compensation if the death is caused by an accident arising out of and in the course of employment.
HR & Labour Law Advisor

There is no compensation in addition to monthly pension under ESI Act. Only monthly pension.
By compensation, I mean the dependant benfit provided under Sec.52 of the ESI Act read with rule (58) and relevant regulations which is admissable to dependants of the deseased insured person.If this dpendant benfit is also called pension, then there is no benefit other than funeral expenses and dependant benefit or pension.
HR & Labour law Advisor

Dependants benefits under Sec 52 of the ESI Act is paid as Family Pension to the dependants of a deceased insured person in the event of death due to employment injury or occupational disease.
Section 65 of the ESI Act specifies that where a person is entitled to more than one benefit he/she shall be entitled to choose which benefit he/she shall receive. Hence two benefits is not possible.
Dear Mr. Mishra
If you are working in construction industry and the worker was working at the site than the ESI is not applicable, you have to pay as per Workmen Compensation Act, if you are working in other industry than the ESI will pay all the benefits like funeral benefit and family pension benefit to his legal heirs. His legal heirs also get the pension from EPF.
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Whether the work site is covered under ESI or not if the injured is covered under ESI scheme and contribution paid he will get the benefit.Nothing in the ESI Act prevents ab employer from including the site workers in ESI scheme along with his workers in office.
Varghese Mathew
Dear Kulkarni & others,
I find all your comments valuable and worth appreciating....I am from Electrical Distribution Company, has to face day to day accidental hazards....there are certain touts in the field who inspire the deceased family to file court cases under WC ACT (WC Court) even they are getting family pension under ESI Act'1948 (both be spouse & minor children), though there is clear bar under Sec 53 of the ESI Act...Pl suggest something if the wage exceed 15000.00 p.m, then whether WC Act shall come in to the picture.....
R Misra
If employees are covered in ESIS,they are entitled for benefits under ESI Act only ,not under EC Act.If employees are not covered in ESI they will be entitled under EC Act if they are 'employees' under EC Act.
Varghese Mathew
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