Harsh Kumar Mehta
Consultant In Labour Laws/hr
Ramnarayanhr
Hr Generalist With 8+ Years Exp. Good In
+4 Others

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Dear All, I have query of death claim. For employees, who all are not covered under ESIC/above ESIC limit, if employee dies either by accident/disease, what will be laibility of the Comapny? Anil
If the accident is in the course of employment & disease is due to occupation then the employer is very much responsible in case the employee is not covered under ESI.
The compensation is based on various factors like the age, wage as on the date of accident, disease, the affect on the earning capacity due to the loss of organ, the organ etc., Normally it is better to cover all the employees under workmen compensation policy to avoid such issues.
Regards - kamesh

If the accident is in the course of employment & disease is due to occupation then the employer is very much responsible employer has to give compensation under compensation act.
Apart from compensation under the revised employees compensation act for accidental death/death due to occupational disease if any, the family of deceased is eligible for widow & children pension, deposit linked insurance benefit under the EPF Act.
Appreciate all your above responses.
Kinldy give little more clarity in this reagrd.
Employees, does it mean "all employees including officers, Execitives, Managers, directors etc.." ?
What will be maximum amount payable to an employee in case of accident?
If you can suggest any insurance, can be coverd all laibality of employeer, please share.
Anil

Dear Mr.Kamesh,
Can you please advise whether ESI would pay compensation to the family in case of death of an employee who is covered under ESI?
If yes, Is there a specific method to arrive at the compensation based on their last drawn salary. Please advise.
Thanks,
Ravi

Sir(s),
1.Under ESI Act, 1948 such compensation is called "disablement benefit", or "dependant benefit" as the case may. In order to entitle the employee covered for any of such benefits, the employer is required to submit accident report. In order to know more about terms and conditions of such procedure, you can download the necessary literature from the website of ESIC.
2. Further such benefits as mentioned above are paid monthly on the basis of standard benefit rate as calculated by the Branch Office of ESIC. In case of permanent disablement, the %age of disablement is decided by the medical board as constituted by the ESIC.
3. It will be more appropriate if you may contact appropriate Branch Office of ESIC alongwith details of accident report or other particulars of concerned employee.

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