Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Rreddygk
Statutory Compliance
Viral Shah
Service
Rashmi_hr2k5
Assistant Manager - Hr
Shraboni
Hr Manager
+2 Others

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Dear All,
An employee in our Delhi branch died in an road accident on 28 feb 2008 and we have informed the local office of the accident within 48 hours of his dismissal, Stating that the accident occurred while he was returning office after inspection.
Please help me out with my following queries.
1. Can the dependant of the deceased employee avail any kind of medical facility any more , as his wife is pregnant do we have any rules / benefit under ESIC to help her.
2. Do we need to continue his contribution to ESIC any further
3. What should be my next step as an HR
4. What all document do I need to keep ready for any kind of inspection form the ESIC?
Please help
Thanks & Regards
Shraboni

From India, Mumbai
In order to be eligible for accident (death) benefit he should be on duty. He should have gone out of the factory/ office during the office hours and after making entries in the Staff Movement Register (if maintained)
Get an copy of the FIR/ Mahazar prepared by the local police. Make entries in the Accident Book which is under your custody. Ensure that the employee had signed in the muster roll on the day. If there was any withness from your company who was accompanying the deceased employee take his statement . (that will be done by the ESI Inspector also)
Also ensure that the company has been regular in respect of remitting the ESI contributions.
The rest is according to the ESI Act. The benefits as applicable will be given to the dependants of the deceased.
Hereafter his name will be removed from the roll. The same should be stated in the Muster roll. No salary accrues hereafter and hence no deduction and contribution of ESI/ EPF.
Regards,
Madhu.T.K

From India, Kannur
My Friend, You can ask for the procedure in the first link...........Hope u will get the reply........ask them 3-4 times...........u will surely get reply......... Viral Shah
From India, Mumbai
Dear Shraboni

The replies given by Madhu is correct.

Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.

As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa

Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.

No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.

As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.

Please also help family to file MV Tribunal case and follow up seperately.

you are welcome to contact me at or 09944190441, if you need further advice.

O. Abdul Hameed

Formerly Additional Commissioner, ESIC New Delhi

Presently Group General Manager, Corporate group

From India, Coimbatore
Dear Shraboni

The replies given by Madhu is correct.

Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.

As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa

Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.

No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.

As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.

Please also help family to file MV Tribunal case and follow up seperately.

you are welcome to contact me at oahamidyahoo.com

or 09944190441, if you need further advice.

O. Abdul Hameed

Formerly Additional Commissioner, ESIC New Delhi

Presently Group General Manager, Corporate group

From India, Coimbatore
Dear Mr.Hameed,
It is very good..!Experienced people like you will make all new entries in the HR more easier to face the risks.Keep answer in this explanatory manner for any ESIC query.Thank you once again.
Regards,
Keshav Reddy.

From India, Bangalore
Dear Shraboni,
Apart from the Statutory benefits, I think all employee members of your organisation should also collect some contribution and help to the deceased employee's dependent.
Thanks
Rashmi Pandey

From India, Calcutta
Dear abdul hameed sir,

your informations are too valuable for all who are working as an H.R. but sir , i could not find the informations regarding in which way the company H.R should complete the entire formalities and other cares and aids direcftly to his family. because the family of the dead employee cannt appear directly when, she is pregnent. othervise his parents could not come to apply the benefits due to age and ill health. so as a H.R, we should help the family of the employee who was our subbordinate, also with humanity. So i request you to plz guide me

1, what are the financial aids, the company have to give to his family voluntarily than gratuity and pf?

2, what are the other proceedurs to complete all other police case & other formalities?

Then only the remaining employees will have a wish and a good will on the company and also with the H.R. and also they will think to contribute to the company with full cooperation. othervise they cannt respect the H.R. and the H.R will be inactive under their estimation. need your proper guidence. thanking you.

Sathish

From India, Madras
Dear All,
Greeting,
One of our employee had gone to his native place. Unfortunately he died in a private hospital on 18.08.2014. He has two children & wife.
Kindly help me out with following queries:
1. Can the dependent of the deceased employee get medical facility from esic.
2. What document should be submitted for PF claim & pension for dependent and how much pension they can get.
3. After how many days deceased's wife can file claim forms after deceased death.
4. Can she claim pension from esic.
5. What kind of benefit she can get from esic & epfo.
please help us.
Thanks & Regards
R.L.Pal

From India, New Delhi
Sir,
1. So far as claims in respect of benefits under ESI Act, 1948 are concerned, it may kindly be clarified whether the worker/employee was covered as an employee under said Act on the date of his death.
2. Whether, the said employee died due to any accident or employment injury during the course and arising out of employment of the the unit in his he was employed.
3. Whether the private hospital, where the said employee was getting treatment was on the panel of ESIC and his case was referred by ESIC for treatment or not ?

From India, Noida

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