We are agriculture based industry, producing hybrid seeds. Our company have 30 acres of farm land for Research and development. we have 30 employees working on the fields.An employee working for past 3 years, reported to work in morning and complained of giddiness on which he was taken to a near by clinic about 3 kms from the farm, for treatment. While the doctor is attending on him, the employee dead of heart attack on the examination table. But we took the employee to another multi specialist hospital about 10 kms away for further treatment. Here the doctors declared dead on arrival. we informed the relatives of the employee who are resident of a near by village. since the employee wife was out of station he relatives informed her and took the body to their village and next day in presence of the wife of the deceased last rites were performed. Since it was a natural death as per doctors death certificate, are we the company suppose to pay compensation. our company being a small scale industry but a limited one employing 30 workmen. Now the family of the deceased are demanding exorbitant amount and in this situation what we have to do? please advice.
From India, Chennai
This is a tricky situation. For heart attack/ normal death, compensation should not be paid provided that the cause of death (heart attack) is not attributable to his duties. Fact is that he had died during the course of employment. Whether the heart attack is due to his work or not is a long debatable issue with requirements of both legal and medical aspect. The legal heirs of the concerned workman may easily file a case against you demanding compensation.
The amount of compensation is fixed as per schedule, so even if you are liable to pay you have to follow the schedule.
From India, Kolkata
is your Company covered under ESI/EPF Act? Gratuity has to be paid.Have you paid already What are the laws applicable to your establishment.
From India, New Delhi
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