KK!HR
1345

As regards marking absent/present on the day of accident is concerned, as the injured employee did not join duty, he cannot be marked present on that day. In case he died on the day of accident itself without being present at work place, then his name is to be struck off the rolls from that day itself and an endorsement be made to that effect in the Attendance Register. However, if the mishap has happened after he had attended duty then he can be struck off the rolls with effect from the afternoon (that means, after the duty hours) of that day. If there is a hospitalisation/treatment period also involved then the employee is to be marked absent or on leave for this period.
As reportedly your employee met with the accident while reporting for duty, he is not to be marked present, so depending on the date of demise of the employee you may make suitable order on the aforesaid principles and mark his attendance. It is clarified that the liability for payment of compensation would lie irrespective of being marked as absent or present on the date of accident.

From India, Mumbai
yogendra85
1

Respected Sirs,

Have a blissful day !!!!

First of all thank you very much on your valuable input in this post. It is very helpful for us and Employer has initiate Employee compensation claim and it is under process and final stage of settlement. We special thanks to Umakanthan Sir, Suresh Ji, Ramesh Rathod Sir, and other CiteHR members who suggest thier valuble input in this post. But, unfortunately for release compensation amount insurance company need "Award Copy" from labour court for releasing compensation amount to company. We constant follow up with associate employer regarding EC claim settlement. But due to this document insurance company can not release compensation amount. And as per our inquiry through reliable advocate they inform us that first company make DD on the name of honorable " Employee Compensation Commissioner" after done this process than court will provide "Award Copy" to employer.

Now kindly suggest us what we can do for EC compensation claim to associate nominee since associate death on date 30th June 2021 and still associate family member was not getting compensation amount.

So, kindly suggest your valuable input in this regards for getting "Award copy" from Labour court and release compensation amount smoothly to associates family members as per EC act.

Also suggest us what is the role of Employer & Principle Employer for settlement Employee Compensation claim.

From India, Rajkot
suresh2511
239

The settlement procedure is that the insurance company sends the claim settlement amount to The Commissioner for Workmen's Compensation. On receipt of the claim amount the Commissioner sends intimation to the legal heir/nominee of the deceased employee and settles the claim in his office.
The employer should write the insurance company from whom the EC policy is obtained and advise them to send the claim amount to the Commissioner of EC for settlement.
When there is no insurance policy then the liability lies on the employer and the employer should deposit the compensation amount due as per the EC Policy formula/age factor to the EC Comm.

Hope the procedure is cleared now.

Regards,

Suresh

From India, Thane

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