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My younger brother died (age-33) due to HEART ATTACK......on duty in September 2017. Company is not giving us any compensation.
What should I do please help me.
Anonymous

10th November 2017 From India, Thane

PARTICIPATING IN DISCUSSION:
Umakanthan53
Labour Law & Hr Consultant
Honeyanshi
Sr General Manager (hr And Admn)
Dmc123
Legal Consultancy
Nehal602
Mumbai
+1 Other

Compensation can be claimed for employment injury while on duty. Will you be able to establish that his heart attack was caused due to job pressure or so? Only then you may get compensation. But this will be a long road.
10th November 2017 From India, Mumbai
My brother was gone to Bangalore wth there concerned team fr company event fr 5 days.
On sudden 4'th day company staff call us & inform that it brother is dead.
He got massive HEART ATTACK..
please tell me wht to do now.

already I hv file FIR in Bangalore
10th November 2017 From India, Thane
Only if the employment of the deceased satisfies sec,2(1)(dd) read with Schedule-II of the EC Act,1923, you can claim compensation under the Act.
11th November 2017 From India, Salem
Pl check Compensation under different provision :
1. Cover under Group insurance , leave and gratuity linked with insurance by company.
2. Under EPF - EDLI , PF and pension amount.
3. If carrying ATM card and maintaining balance as well as covered under Pradhan Mantri Yojna- compensation from Bank's branch.
11th November 2017 From India, undefined
Anonymous 
It is sad to hear about your brother sudden demise. I am agree with Sh. R. K. singh Sir advise as these are the ground where in you may go for in this regard.
11th November 2017 From India, Jaipur
Thanks everyone fr ur advice....
I m going to consult some lawyer.
Do u hv any refernce.
please do the needful
11th November 2017 From India, Thane
As per the latest caselaw, heart attack is held to be employment injury, therefore you can claim Employees Compensation if your brother was employed in any industry covered in Schedule II of Employees Compensation Act or if he was covered by ESI then he will get death benefit or also if group accident policy or group medical policy, you need to examine if it can be claimed.
11th November 2017 From India, Pune
Dear Friend,
I feel sorry for the early demise of your brother. Your brother died while he was on work at Bangalore. You need to have all these documents with you for compensation.
1. Time of death and what he was doing
2. The postmortum report
3. The death certificate
4. Who declared the deceased dead and what assistance provided to him, while he sick
5. You have to establish the death caused to your brother: death arising out of and in the course of his employment his employer shall be liable to pay compensation.
6. You need to have your brother's past medical report, which can support that he had not suffer from any ailments.

You take the help of a good lawer and check all the above details with him. If things are okay then file a case in before (Commisiner under Employees Compensation, Local Labour Office.
14th November 2017 From India, Mumbai
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