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One company employee (joined 6 months back) has gone for site supervision. He has planned to go site from hotel. Due to vomiting and some problem he has gone to hospital for checking. He had major heat attack and referred to another hospital. He was died in between hospital (as per confirmation from another hospital). Another hospital has declared dead and reason was conveyed major heart attack.
What should be compensation as per law/norms. We appreciate your views.
Rgds,
Pawan
17th February 2017 From India, Mumbai
Dear sir,
Your organization might be having ESIC or Employee Compensation policy.Benefits are available under either of two.You should also act & seek clear gidance over correct details such as salary drawn, age, designation, nature of duties etc. Yes, death of any employee due to heart attack causing death during the course of employment is coverable under above Acts.
In this forum, we have Advisers, advocates, Labour Department's retired / acting officers, experts and practioners dealing in routine day and out matters of similar nature.Please share as much as you can the full details so that you are supported with required solutions by members.
Regds,
RDS Yadav
17th February 2017 From India, Delhi
One company employee (joined 6 months back) has gone for site supervision. He has planned to go site from hotel. Due to vomiting and some problem he has gone to hospital for checking. He had major heat attack and referred to another hospital. He was died in between hospital (as per confirmation from another hospital). Another hospital has declared dead and reason was conveyed major heart attack.
Individual gross salary was apprx Rs 50,000/m and age was 30yrs. He was not covered under ESI as gross salary was higher.
1. Pls confirm whether individual is eligible for compensation as per law, if yes which law is applicable
We appreciate your views.
Regards,
17th February 2017 From India, Mumbai
Please go through the definition of workmen within the meanings of section 2(1)(n) described in schedule II. P K Sharma
17th February 2017 From India, Delhi
As rightly pointed out he will be entitled to compensation if he falls within the category of Schedule II under Section 2(1)(n) of the Act.
Assuming he falls with the category, then he will be entitled to the following
Rs.8000 x 50% x 207.98 (relevant factor for 30 years age) = 8,09,920/-
Whether a heart attack is an employment injury is kind of debatable and can vary from case to case.
17th February 2017 From India, Kolkata
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