Harsh Kumar Mehta
Consultant In Labour Laws/hr
PRABHAT RANJAN MOHANTY
Hr & Ir
Nagarkar Vinayak L
Agm - Hr
Insolvency N Gst Professional
Head - Hr/administration
Senior Manager -hr
2. I may submit that in respect of accident cases, the Accident Report is to be submitted by the employer to the appropriate branch office of ESIC to which the said insured person is attached. Whether any such report was filed with the said office. If not, then what is the opinion of the employer of the deceased.
3. I may further submit that a person on the road is treated as at par with public and if any accident occurred in such situation, the same is not treated as a case of employment injury. However, under ESI Act, 1948 there are some provisions in Sections 51-C and 51-E which entitles dependent benefit in certain circumstances. I hope you will go through said provisions in above Act.
4. Above all, it will be more better if the dependents of the deceased insured person may contact the concerned Branch Office Manager of ESIC and discuss the matter alongwith PEHCHAN CARD of the deceased employee.
Read more at: ESI Amendment Act 2010-Sailent Features- Implications - PF & ESI - Labour & Service Law
Death will be treat as on duty if it is proved that employee was heading to office as part of his duty.
Even though the provision for notional extension is available under Sec 51-C and 51-E of ESI Regulations. The casual connection and the nexus should be established that the death was occurred in connection with the duty he performed or an employment injury resulted in death. Otherwise, it is not easy to claim death benefit under ESI.
The poster has no where stated that the death of the person was on account of accident. He was heading for work and while he was waiting for the bus he collapsed. The death can be said to have occurred during the course of and arising out of employment and therefore, his dependents are entitled to statutory benefits if they approach the Authorities., ESI, PF and Gratuity.
2. If we go through theoretical approach towards above death case, it will be more clear that there is actually no physical accident. The deceased person "collapsed" as mentioned by the initiator of this thread. Therefore, in my opinion, it is a case of total medical interpretation and findings i.e. the findings in the Post Mortom Report and the causes of death as may be certified by the appropriate hospital authorities. Accordingly, I have rightly mentioned the requirement of FIR with police authorities as well as the results as indicated in Post Mortom Report in my remarks as above. In addition, the facts like start of duty hour, the time when the deceased collapsed, availability of transport of employer, if any, direct and nearest route to the place of duty of the deceased from his residence etc. are also relevant in such cases.
Your nephew's nominee will get benefit under Deposit Linked Insurance Fund of Provident Fund on the following grounds:
Death : Natural, Accidental, Cardio respiratory arrest, brain stroke etc.
Withdrawal of accumulated PF Contribution with interest.
ESIC: Funeral Benefit of Rs.10,000/-
Gratuity: Gratuity payment for 4 years.
You can not expect or demand any compensation from employer as per law for such cases.
As per post: The family of deceased shall get the benefit as per the ESIC, Section 51E Accidents happening while commuting to the place of work and vice versa. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.
Before filing be ready with document (i)Police Fir (ii) Death certificate (iii) postmortum report (iv) Nominee or declared family members details (v) other employment details