Umakanthan53
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Bijay_majumdar
Freelancer
Mkandukuri
Director - Hr
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Srinath Sai Ram
Hr Manager
+3 Others

Dear Seniors,
I request for the further procedures about the issue, One of our company, employee died all of a sudden due to Heart arrest and all of a sudden we have taken him to the hospital and inform to the family members, They too reached the Hospital. Doctors made all efforts, but in vain and they assert that it is brought dead, so take him to Govt Hospital for Post martam. Family members allowed for Post martam of the deceased. Everything over.....
Now As an HR ....It is an unknowing incident What are the documents to be prescribed to the family members?
What forms for claiming for PF, ESI, Accidental insurance, dependents pension? & funeral expenses ?
The unfortunate employee died in harness due to heart-attack I think. To support claim for any compensation, the following documents are required: (1) Post-mortem certificate (2) F.I.R and (3) Death certificate
No work, harassment, He worked in the simple healthiest customer front office system worker. He already faced heart attack & got surgery, but not revealed his surgery and other medications. After all we got known. Even humanitarian grounds.. We support employee and whose legal heirs...
1. Sir, if the deceased employee was covered under ESI Act, 1948, and was on duty at the time of heart attack, in my opinion, you can submit Accident Report to the appropriate Branch Office of ESIC to which he was attached alongwith copy to the Factories Inspector/Labour Department concerned.

2. Some times, depending on circumstances of the case, heart attacks suffered on duty are also treated as accident out of and in the course of employment, but in order to establish the same, the copies of Post Mortem Report, treatment papers etc. are required. After submitting the Accident Report, you can discuss the issue with Branch Office, ESIC. The case is to be decided by the Branch Office Manager, or Regional Director, ESIC of the area and If case is accepted as that of employment injury only then the dependents may get dependent benefit (pension). It depend upon facts of the case including post mortem report and treatment papers, medical opinion and records of the employer etc. In case the matter is not admitted as that of employment injury, then no dependent benefit (pension) will be payable by ESIC and in that situation, it may be seen whether the employer has taken any medical insurance policy for said employee.

3. An amount of Rs,10,000/- as Funeral Expenses can be claimed from the Branch Office to which the said employee was attached.

4. The copy of accident report can be either downloaded from website of ESIC or the same is available as per online procedure. The form for claims of funeral expenses can be obtained from the appropriate Branch Office of ESIC. You can also consider filing of FIR with police authorities, if there is any requirement of Labour Deptt/ Hospital etc. as suggested by one of senior member in above columns.
Dear Anonymous,
After narrating the mishap that happened in the middle of the deceased's duty, you asked about the documents to be got ready for the purpose of getting his legal dues arising out of the termination of his employment so caused. Whether his work was of a simple nature involving no stress or strain, whether the sudden aggravation of the undisclosed pre-existing disease was the sole reason for his untimely death and not his employment, which Act, whether the ESI or the EC Act is applicable for compensation, if any in case claimable are questions of fact as well as questions of Law. If a claim for compensation is made on the ground of the employee's death due to an employment accident or not, these documents are essential even otherwise.
I am surprised to know that employee's body was sent to post mortem. If it was a natural death, no post mortem is required. In this case, there may a suspicion on his death. Please ensure all documents such as....reporting time, shift, time, was he working on dangerous machine, how many hours did he work prior to this day, did he complain of any uneasiness to his supervisor, what did he speak to his colleague last, did he have any medical history etc....
This might be of help, in case there is a finding on his suspicious death.
Definitely Post mortem is required if the case is registered with the police and F I R is made.It is to avoid any future complications that may arise due to cause of death. File Accident report if he is covered under E S I
Dear Members,

The queriest asked for what forms are required to claim PF, ESI benefit etc.

The queriest needs to get following forms filled in by the nominee of the deceased and submit to respective authority:

PF Death Claim : Form 20

Pension Claim : Form 10-D

Insurance Fund : Form 5-IF

ESI Dependant Benefit : Form 15,16,23 & 24

ESI Funeral Expense Claim : From 22

Gratuity Claim : Form J

Separate forms has to be filled in by each nominee under Pension Scheme.

To get ESI Dependant Benefit, it has to be established that the death was a result of employment injury. Mr. Harsh Kumar has rightly said that some times, depending on circumstances of the case, heart attacks suffered on duty are also treated as accident out of and in the course of employment. Queriest need to submit accident report in Form 16 to ESI online and hard copy to ESI Branch Office immediately giving the reason for delay in submitting it. He need to maintain Accident Register in Form 15.

If the death occurred in a factory, he need to submit Accident Report to factory inspector also immediately giving the reason for delay in submitting it. He need to maintain Accident Register under Factories Act. Please find out the form numbers of this Report / Register from the state rules.
In any case post mortem report followed by Death Certificate from Municipality are of the primary evidences required and it's essential for any purpose including for a death relief payments in respect of the deceased. Irrespective of the reason for death, the death occurred in the course of employment, while on duty and hence compensation is inevitable whether under ESI or EC. If they are a Factory/Shops other formalities should have been complied with. For dependents-Pursue the case in consultation with learned advocate. HR should do what is necessary as per law-PF (check for nomination filed by the deceased while he was alive), collect the final settlement form 10B & 19, Pension (for family)/DLI; Full and Final settlement from Salary, Leave encashment, Bonus, Gratuity and Group Insurance if any. Employees' Death Relief Fund, if any. Necessary forms can be downloaded from various websites.
Dear, Please tell us If employee join in 18 mar 2017 & he is died 16 Apr 2017 he is applicable for epf pension benefit ?
Dear JMJSPL,

Was the deceased member of a EPF a/c and paid contributions towards his PF & DLI a/c. I am not sure, prima facie it appears that he is not eligible for pension facility as his qualifying service is only < one month. And in all probability the employer would have not opened his EPF/EPS a/c and remitted the contributions.

For pensionary benefits a member should have contributed atleast for one month. And it's the responsibility of the employer to ensure the compliance. This case has to be examined further with facts and settled case laws and there could be some way out to help the dependents of the deceased.

Here is the Extract from the EPScheme rules to know about the membership/eligibility as per rule:

/xxxx

.["6 A Retention of membership

A member of the Employees' Pension Fund shall continue to be

such member till he attains the ag

e of 58 years or he avails the

withdrawal benefit to which he

is entitled under para 14 of the

Scheme, or dies, or the pension is vested in him in terms of para

12 of the Scheme, whichever is earlier." ]

14. Inserted by G.S.R. dated 22nd

February 1999 (w.e.f. 6.3.99)

15

[

7. Option for joining the Scheme

--

(1) Members referred to under sub-

para (c

xxxxxx

20

[Provided that if at the option of the employer and employee,

contribution paid on salary exceeding

21

[Rupees six thousand

and five hundred /Rs.6500/-] per month from the date of

commencement of this Scheme or

from the date salary exceeds

22

[Rupees six thousand and five hundred /Rs.6500/-] whichever

is later, and 8.33 per cent share of the employers thereof is

remitted into the Pension Fund,

pensionable salary shall be

based on such higher salary.]

20. Inserted ibid w.e.f 16.3.96. 19 & 21 & 22 . Subs. By

GSR 774 (E) dated the 8.10.2001 (w.e.f. 1.6.2001)

23

[12.

Monthly Members Pension.

(1) A member shall be entitled to: -

(a)

superannuation

pension if he has rendered eligible

service of 10 years or more

and retires on attaining the age

of 58 years;

(b)

early

pension, if he has rendered eligible service of 10

years or more and retires or otherwise ceases to be in the

employment before attaining the age of 58 years;

xxxxxxxxxxxxx

16. Benefits to the family on the death of a member

(1)

28

[Pension to the family] shall be admissible from the date

following the date of death of the member if the member dies ..

(a) while in service, provi

ded that at least one month's

contribution has been paid into th

e Employees' Pension Fund, or

(b) after the date of exit but before attaining the age of 58, from

the employment having rendered

service entitling him/her to

monthly member's pension but

1[before the commencement of

pension payment or]

(c) after commencement of paym

ent of the monthly member's

pension

Note:- The cases where a member has rendered less than 10

years eligible service on the dat

e of exit but has retained the

membership of the Pension Fund, and dies before attaining the

ge of 58 years, shall be regulated under sub-paragraph (8) of

paragraph 12.

28. Subs. by G.S.R. 134 dated the

28th February, 1996 (w.e.f. 16th March

1996).

(2) (a) The

monthly widow pension

shall be :--

(i) in the cases covered by clause (a) of sub-paragraph (1),

equal to the monthly members

pension which would have been

admissible as if the member ha

d retired on the date of death or

Rs 450/- or the amount indicated in Table 'C' whichever is more.

(ii) in the cases covered by clause (b) of sub-paragraph (1),

equal to the monthly members

pension which would have been

admissible as if the member had retired on the date of exit or

29

[Rs. 450/- per month] or the amount indicated in Table 'C'

whichever is more.

(iii) in the cases covered by clause (c ) of sub-paragraph (1),

equal to 50 per cent of the mont

hly members pension payable to

the member on the date of his death subject to a minimum of

29

[Rs. 450/- per month.]

29. Subs. by G.S.R. dated 12th January, 2000

30

[(iv) in all the cases, where the amount of family pension

sanctioned under the Ceased Fa

mily Pension Scheme, 1971

and is paid/payable under this

scheme is less than Rs. 450/- per

month, the amount of family pension in such cases shall be

enhanced to Rs. 450/- per month.]

30. Ins. Ibid. (w.e.f. 29.1.2000)

(b) the monthly widow pension sha

ll be payable upto the date of

death of the widow or remarri

age whichever is earlier.

Note:- In cases where there are 2 or more widows, family

pension shall be payable to the el

dest surviving widow. On her

death it shall be payable to the next

surviving widow, if any. The

term "eldest" would mean seniorit

y with reference to the date of

marriage.

(3)

Monthly children pension

: - -

(a) If there are any surviving children of the deceased member,

falling within a definition of fam

ily, they shall be entitled to a

monthly children pension in

addition to the monthly

widow/widower pension.

(b) Monthly children pension for

each child shall be equal to 25

per cent of the amount admissibl

e to the widow/widower of the

deceased member as monthly wi

dow pension payable under

sub-paragraph (2) (a) (i) provided that minimum monthly children

pension for each child of the decea

sed member shall not be less

than

31

[Rs. 150/- per month.]

31. Subs. by G.S.R dated 12th January 2000

32

[(c ) Monthly children pension shall be payable until the child

attains the age of 25 years.]

32. Subs. by G.S.R. 134,

dated the 28th February, 1996

(w.e.f. 16th March, 1996).

(d ) The monthly children pension shall be admissible to

maximum of two children at a time and will run from the oldest to

the youngest child in that order.

33

[ "(e) If a member dies leav

ing behind a family having son or

daughter who is permanently and

totally disabled such son or

daughter shall be entitled to

payment of monthly children

pension or orphan pension, as the case may be, irrespective of

age and number of children in the family in addition to the

pension provided under clause (d)".]

33. Inserted by G.S.R. 66 dated 22nd

February, 1999 (w.e.f. 6.3.99)

(4) (a) If the deceased member is not survived by any widow but

is survived by children falling within

the definition of family or if

the widow pension is not payable,

the children shall be entitled

to a

monthly orphan pension

equal to 75 per cent of the

amount of the monthly widow

pension as payable under sub-

paragraph (2) (a) (i) provided

that minimum monthly orphan

pension for each orphan shall not be less than

34

[Rs. 250/- per

month.]

34. Subs. by G.S.R 41 dated

12th January 2000

(w.e.f.29.1.2000)

(b) In the event of death or

remarriage of the widow/widower

after sanctioning of widow/widower pension the children shall be

entitled in lieu of the monthly children pension, to a monthly

orphan pension from the date

following the date of

death/remarriage of the widow/widower.

35

](c ) The monthly orphan pens

ion shall be admissible to a

maximum of 2 orphans at a time and shall run in order from the

oldest to the youngest orphan.]

35. Ins. by G.S.R. 134, dated the 28th February,

1996 (w.e.f 16th March 1996).

(5) (a) A member who is not married or who does not have any

living spouse and/or an eligible

child may nominate a person to

receive benefits as laid down her

einafter provided that in the

event of his/her acquiring a fa

mily subsequently, the nomination

so made shall become void. In the event of death of the member

such a nominee shall be entitled to receive a monthly pension

equal to the monthly widow pension, as admissible under sub-

clauses (I) and (ii) of clause (a) of sub-paragraph (2).

36

[ (aa) If a member dies leaving behind no spouse and/or an

eligible child falling within the definition of family and no

nomination by such deceased member exists, the widow

pension shall be paid under

sub-clauses (I) and (ii) of clause (a)

of sub-paragraph 2 either to

dependent father or dependent

mother as the case may be. On

grant of Pension to such

dependant father and in the event

of death of the father

pensioner, the admissible pension shall be extended to the

surviving mother life long]

36. Inserted by G.S.R.66 dat

ed 22nd February, 1999. (w.e.f

6.3.99)

(b) If the deceased member

had not rendered pensionable

service on the date of exit fr

om the employment which would

have made him entitled to a

monthly members pension under

paragraph 12, but had opted to retain the membership of this

Scheme under sub-paragraph (8) of paragraph 12, the

37

[nominee or the dependant father

or the dependant mother as

the case may be ] shall be entit

led to return of capital as

provided in sub-paragr

aph (1) of paragraph 13.

37. Sub. by G.S.R dated

22nd February, 1999 (w.e.f 6.3.99)

38

[

16A. Guarantee of pensionary benefits

None of the pensionary benefit

s under the Scheme shall be

denied to any member or beneficiary for want of compliance of

the requirement by the employ

er under sub-paragraph (1) of

paragraph 3 provided, however, that the employer shall not be

absolved of his liabilities under the Scheme.]

38. Inserted by G.S.R. 134

dated the 28th February 96 (w.e.f. 16th March 1996)

39

[

17. Payments on exercise of option

(1) Beneficiaries of the deceased members of Employees'

Family Pension Scheme, referred

to in sub-para (1) of paragrap xxxxxxxxxxxxx

-----------------

(Pardon me for not aligning paras properly, due to lack of time.)

Pl.verify with the employer about his EPF/EPS status and continue this post so that further guidance could come from learned members.
Dear Member,
EPF Covered Employee is eligible for benefits provided under EPS, Please ask specific question by giving all relevant details.If Employee is covered under ESI, his family is eligible to Claim Funeral expense of rs10,000/- please do not make fun of Death of an Employee.Please read your question once again?
Employee is eligible for EPS provided he is covered under EPF Act.If covered under ESI, eligible for Funeral expense of rs10,000/- please ask specific question giving all details.Please do not ask casual hypothetical questions in this forum
Definitely, Dependent of deceased will get pension if contribution is deposited in epfo even for a month.
An employee,working as security guard at night died due to cardiac arrest.
He was married,survived by two children and parents too.Pls help.how can his dependents will be able to avail death benefits from esic and epf.Is family pension applicable from esic,since the employee expired on duty.what forms and documents be required to be submitted by dependents.what is immediate action to be taken by employer on behalf dependents to expedite the claim process.The employee had served for more than three years on contract at client premises.
Client and contrator both want to help dependents and provide max possible relief.
Request members to guide.Thanks.
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co