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 ?
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Asso.prof.(commerce & Management)
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Freelancer In Hr &indirect Taxes For
Director - Hr
Korgaonkar K A
Srinath Sai Ram
umakanthan53The 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
From India, Salem
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...
Harsh Kumar Mehta1. 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.
From India, Noida
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.
From India, Salem
mkandukuriI 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.
From India, Hyderabad
rrajasekaranDefinitely 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
From India, Chennai
korgaonkar k aDear 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.
From India, Mumbai
loginmiraclelogisticsIn 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.
From India, Bangalore
jmjsplDear, Please tell us If employee join in 18 mar 2017 & he is died 16 Apr 2017 he is applicable for epf pension benefit ?
From India, Mumbai