AnonymousNo 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...
19th August 2015
19th August 2015
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.
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.
This might be of help, in case there is a finding on his suspicious death.
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.
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:
.["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)
7. Option for joining the Scheme
(1) Members referred to under sub-
[Provided that if at the option of the employer and employee,
contribution paid on salary exceeding
[Rupees six thousand
and five hundred /Rs.6500/-] per month from the date of
commencement of this Scheme or
from the date salary exceeds
[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)
Monthly Member’s Pension.
(1) A member shall be entitled to: -
pension if he has rendered eligible
service of 10 years or more
and retires on attaining the age
of 58 years;
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;
16. Benefits to the family on the death of a member
[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
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
28. Subs. by G.S.R. 134 dated the
28th February, 1996 (w.e.f. 16th March
(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
[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
[Rs. 450/- per month.]
29. Subs. by G.S.R. dated 12th January, 2000
[(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
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
(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
[Rs. 150/- per month.]
31. Subs. by G.S.R dated 12th January 2000
[(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.
[ "(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
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
[Rs. 250/- per
34. Subs. by G.S.R 41 dated
12th January 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.
](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).
[ (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
(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
[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)
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)
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.
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?
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.