Labour Law & Hr Consultant
Korgaonkar K A
PRABHAT RANJAN MOHANTY
Hr & Ir
3rd June 2018 From India, Salem
Answer by Shri. Umakanthan is right when late Ramu was not covered or coverable under ESIS.
The late Ramu was employed by contractor under PE NMDC.
The establishment of PE NMDC must have covered under ESIS. The late Ramu must have covered under ESIS & PF. Both the schemes ESIS & PF are mandatory to person like late Ramu.
If late Ramu was covered or coverable by ESIS, then the claim under EC Act will not be entertained. The claim under ESIS should be filed.
If late Ramu was coverable under ESIS but was not covered by his employer, then the matter will be complicated and the legal heir will be under hardship to get the compensation.
My advise in this case is that the legal heir of Late Ramu should prepare a claim under Motor Vehicle Act. However, please be noted that one can not have claim under both EC Act & MV Act.
Widow of late Ramu is also entitle to Widow pension, insurance under EDLI, if late Ramu was covered or Coverable under EPF Act.
3rd June 2018 From India, Mumbai
The family member of deceased employee is entitiled to get compensation from his employer, if not covered under ESI.
The opinion of Mr. Umakanthanji and Mr Koregaonkar is justified and to follow for claim of the compensation from any of the agency (ESI,WC & MV).
It needs to provide all the documents (FIR,Post-mortum report, Death certificate and certificate of legal heir) in the office of the employer/principal employer for processing of claim under WC as well as claim of EDLI & pension from EPFO.
4th June 2018 From India, Mumbai