Hi I need clarity on this matter.
A employee attempt to suicide by consuming tablet and got treatmentn on time in hospital and ready to discharge 7 day of attemp to suicide date.
But he again sick before getting discharge on same day and died by getting heart attack in hospital after 15 days later, the day when he attempt suicide. In his post mourtm report death cause is natural death by heart attack.
My question is
1. employee family can claim in company for death benefits like gratuity, insurance or not and why?
2. Employer mentioned health and accidental insurance in offer letter. So is heart attack covered in accidental insurance or not?
3. If accidental insurance doesn't covered heart attack. Then suppose employee die in company place by heart attack then company will take liability or not and how? Because they don't have any life insurance for employee.
4. Employer doesn't providing any details to employee family after his death, then family can file case on employer ? And what is the process to file case?
5. This case belong to Bangalore and I am staying in MP( family of deceased) Could I file case on employer from my native place or not? Because employer not communicating and responding properly.
Please provide me ur suggestion that will help in to sortout this.
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Hello there,
I am answering some questions on my known knowledge
1. Gratuity is not about death or alive; if the employee completes his 5 year service with employer, gratuity can be come, if the employee dies, the nominee can get the gratuity, so in your case check whether the employee serve 5 years or more .
2. Insurance- if your company is tigh up with private insurance, see the insurance manual and the same can employee family can claim; if not ESI, if employee has ESI the employee family can claim the death benifits from ESI, on both cases employer is 3rd party for signatures and approvals.
3. some companies can mention health and safety line in offer letter that means if the employee dies with in the office premises by the mistake of a machine or employer accidentally then that clause can be applicable, on your case i don't think those two are points.
4th and 5th questions; i have no clue of what you are asking about.
but as of i understood, if the employee death belongs to employer you have a right to claim the death or file a case towards employer, if the post mortem report said it is natural death, no one can do anything, if the employer has a death fund in his company, they can help you on some money.
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