Actually a person died of heart attack around midnight at the workplace. His family members were totally dependent upon his income.
The employer is a private dairy owner.
Wanted to know :
- if the family of the deceased is liable for any compensation under the law.
- if they are entitled for the funeral expenses compensation.
Urgent reply needed
Please respond whether the employee is covered under ESIC or not to ascertain the funeral expenses and compensation under workmen compensation act.
No he was not covered under the ESIC Act since i already told he was engaged under a private employer not bound under any statutory provisions.
Hi, If the reason for death is normal, there is no requirement on the part of employer to pay compensation for the employee.
https://www.dnaindia.com/india/repor...ath-sc-1348277
However on humanitarian basis the Employer may support the family members of deceased employee by clearing all dues and some compensation amount based on the number of years served by the employee. However it is not compulsory.
Employer may look at the feasibility of offering employment for the one of the immediate family member of the deceased employee.
The legl heir of a employed person who succumed to death at workplace is eligble to receive compensation under act. It doees not matter whether employer is private or Govt or Semi Govt or central Govt.
The compensation is paid for any death caused due to accident. In the Instant case no compensation is attracts as per defination.
But it depends on the part of the employer how he is managing the show and what the fellow employee cosider the matter.
In this situatio you need to support the family on a compassionate ground.
Statutory compliance has to be adhered whether the company is private/Public/Govt /trust/undertaking/NGO or anything else. The employee has died within the workplace and compensation to the deceased family is mandatory to be paid.
I strongly disagree with the word of humanitarian grounds because you are not doing any favour to the family be paying compensation, it is their right to get it as the employee was deceased in the company premises. The cause of heart attack can also be due to work pressure or any other stress from the management we never know. If the deceased family hire a lawyer then the case would turn to a different way altogether, so please get the problem resolved amicably
Employee died during working hours at the work place , therefore compensation should be given as per company's policies. Natural death has nothing to do with this.
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