I m in working for a manufacturing company in the HR department and our company is covered for ESI act, I should know about workmen compensation act. last month our one of employee got accident and finally his death.
my question is we need to pay workmen compensation amount?
if we will pay what is the ceiling amount and how to calculate it.
please suggested me.
22nd October 2018 From India, Chennai
Dear Tamil,
We need more info.- 1) Is it an industrial accident happened within the precincts of the factory/work place or outside or happened while coming to duty or going home after the duty.
2) Is it in the course of employment, i.e. while doing his assigned duty or what else.
3) Was the death caused by the injury sustained in the 'industrial accident'
4) Whether the Labour Inspector registered a case of 'industrial accident death' if so what his report says about it.?
5) Any claim has been received from the nominees/dependents of the deceased employee?
6) Was he an 'Insured Person' (IP) and was issued photo ID card and
7) His ESI Contribution was regularly remitted to ESIC and eligible for the benefits under ESI schemes?
Here are some more information on this matter -
"36. How long Dependent Benefit is paid and at what rate?
The rate of dependants' benefit is 90% of standard benefit rate of the wages of the deceased insured person. It is apportioned among the dependants as follows:
1) Widow: Till death or remarriage at 3/5th of the full rate.
2) Widowed mother till death @2/5th of the full rate,
3) to each child @ 2/5th of the full rate each till he attains the age of twenty –five years.
4) Unmarried daughters @2/5th of the full rate till they get married.
5) If the son or daughter is infirm and wholly dependent on the earnings of the insured person at the time of his death, they continue to receive the benefit even after attaining the age of 25 years/ marriage as the case may be.
If the total dependants' benefit for all the dependents worked out as above exceeds at any time, the full rate, the share of each of the dependents shall be proportionately reduced, so that the total amount payable to them does not exceed the amount at full rate. In case deceased Insured person does not leave behind any of the dependents referred above, then his parents will get 3/10 share or if no parent is alive then alive his paternal grant parent will get 3/10 share of Full rate of dependent benefit.
37. Whether the TDB/PDB/DB is also admissible in the case a casual or temporary employee meets with an employment injury on the very first day or on any day before he completes his first contribution period?
There is no qualifying conditions or contributory conditions are attached for payment of temporary disablement benefit, permanent disablement benefit or Dependants benefit. Even if he/she meets with an employment injury on the very first day of his/her joining the insurable employment at workplace, the benefit is admissible.
BENEFIT TO FAMILY:
38 What is the benefit admissible to the family members?
(i) Family members are also entitled to full medical care as and when needed
(ii)The Family members are also entitled to artificial limbs, artificial appliances as a part of Medical treatment.
(iii)The medical benefit is also admissible to the family during the period the insured person is in receipt of unemployment allowance. In case he/she dies during the period, his/her family continues to receive the medical benefit till receipt of unemployment allowance.
(iv) In case of the death of the insured employee due to employment injury, the widow, widowed mother and children are entitled to Dependants' benefit.
(v) The Funeral Expenses upto Rs. 10000/- are defrayed to any family member or person who actually incurs the above expenditure on funeral.
51C. Accidents happening while travelling in employer's transport
(1) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if
(a) the accident would have been deemed so to have arisen had he been under such obligation; and
(b) at the time of the accident, the vehicle -
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of public transport service.
(2) In this section "vehicle" includes vessel and an aircraft.
51D. Accidents happening while meeting emergency-
An accident happening to an insured person in or about any premises at which he is for the time-being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
Also you can read more on benefits from ESI in this link :
https://www.citehr.com/151734-road-a...-benefits.html.
22nd October 2018 From India, Bangalore
This is in case the Employee is not covered under ESI scheme or not contributed towards ESI:
Section 53 of ESI Act, 1948 debars us from getting any compensation under any other Act(s). Section 53 may be read as under:
53.Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
An employee whose wage/salary is up to Rs.15000/- is to be covered under ESI. In case of death or permanant disablement ESI will take care of the compensation part and there will be no need to pay compensation under Workmen's Compensation Act since dual benefit is not allowed.
Compensation under the Employees Compensation Act, 1923 is not an accrual based fund created by any periodical contribution from the employee over a period of time at the end of which to be paid back to him with interest. On the contrary, it is a definite sum of compensation to be paid by the employer to the affected employee as defined under the Act of 1923 or his dependents on the contingent of any employment accident resulting in death or any disablement of partial or permanent nature.. So, no deduction from the employees towards this is permissible as this Act is applicable only to establishments and/or employees not covered by the ESI Act,1948.
Please read more on this matter in -
https://www.citehr.com/316277-employ...hile-work.html
22nd October 2018 From India, Bangalore
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