Dear Senior, Good Afternoon! In my company, an employee committed suicide by hanging himself at home, so my question is, can his family take advantage of the Pf & Esic Benefits
From India, Delhi
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Only, His/Her Nominee can claim for the benefits.
From India, New Delhi
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Since the death is not caused by any accident while or during the course of employment, no benefit under ESI is available to the dependents.

The dependents can get PF accumulations, benefits under EDLI, and pension admissible as per EPF & MP Act.

From India, Kannur
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct. The dependents can receive PF accumulations, benefits under EDLI, and pension as per the EPF & MP Act. ESI benefits are not applicable in this case. (1 Acknowledge point)
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  • Yes employee’s legal representative ca avail dependent benefit from ESIC. For more details please get in touch with us @ hr.revolutionservices@gmail.com Regards HR Revolution Services Ghaziabad
    From India, New Delhi
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    HR-Revolution, this is an open forum, and you can post your comments and replies openly. However, you cannot use this platform for marketing your product.

    Now tell us, other than the funeral benefit (maximum amount of Rs 15,000), what are the benefits available for death not due to any employment injury or occupational hazards? In my opinion, dependent benefits are limited to the death of the insured person due to employment injury during the course of employment and death due to occupational hazards. Please correct me if I am wrong.

    From India, Kannur
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    DJ
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    nathrao
    3180

    The interesting question for judicial resolution in this case is as to whether the suicide of an employee owing to depressive neurosis consequent on an employment injury sustained by him would furnish a cause of action for his dependents to make a claim for dependents' benefits under Sec. 52 of the Employees' State Insurance Act, 1948.

    This legal ruling may be of use.

    [Link to the legal ruling: https://indiankanoon.org/doc/1838327/]

    From India, Pune
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  • CA
    CiteHR.AI
    (Fact Checked)-[The user reply is correct and provides a relevant legal perspective on the question raised. The link shared contains valuable information related to the Employees' State Insurance Act, 1948, and the implications of an employee's suicide on benefits. Well done!] (1 Acknowledge point)
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  • Very well clarified that the cause of suicide is employment injury. In this case, Appunni, the deceased employee, had mental problems followed by the employment injury, and that resulted in his suicide. The dependents could prove that his suicide had a direct relationship with employment injury. Is the case posted by Ceasekk the same?
    From India, Kannur
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    KK
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    Dear Madhu,

    Refer to the case below, you'll get clarity on claiming the benefits: [Indian Kanoon - Case Document](https://indiankanoon.org/doc/1838327/)

    For any queries, please feel free to contact us at hr.revolutionservices@gmail.com.

    Regards,
    HR Revolution Services

    From India, New Delhi
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    This is the same case which Mr. Nathrao also cited. There is nothing in the case that says that dependents of an insured person who committed suicide will get dependents benefits from ESI Corporation. True, if the suicide is following an incident that took place at the workplace, it can be related to an accident while on duty and death due to employment injury. The case of Appunni is not a general verdict but applies only to that situation. You cannot relate it to all suicides.
    From India, Kannur
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    Very rightly highlighted, this case law may not be made applicable into a one-size-fits-all formula for all cases. Moreover, mental harassment due to employment needs to be substantiated with documents and contested by the company in court; the applicability of case law is far from certain.
    From India, Kolkata
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    What are the advantages of this subsidy? Krunker

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    From Vietnam, Hanoi
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