Navigating ESIC Benefits and Pension for a Deceased Employee's Family: What Steps Should We Take?

Hi,

One of our employees met with an accident and died on March 9th in Delhi. We have not filed Form 16 yet. We received this information in June. However, we did file the ESIC half-yearly returns. We marked him as 'left' with no ESIC number.

1. Will the family members (wife and 2 kids) receive benefits under ESIC? If eligible, what are the benefits?
2. Are they entitled to a pension? How much pension will they receive?
3. What is the procedure to claim these benefits?

Please provide advice on the above issue.

With regards,
Lalith

Dear Lalith,

Your employee had an accident while on duty or off duty. It is essential that the accident is caused by employment to receive benefits. Please clarify this question first, and then we can discuss this point.

Regards,
J. S. Malik

Dear Malik,

While on duty, he met with an accident. His contribution period is 75 days.

Lalith Reddy

Dear Lalith,

Insurance number of employees is the first and most important thing. Every action starts from the insurance number. When you issue the insurance number to an employee, you must indicate it correctly. The "left" number is never in use. If not done properly, your company may become a defaulter. Therefore, you should take action on behalf of the organization for the employee's family. Additionally, be cautious about IPs' insurance numbers because now, making amendments online in ESI is impossible.

Warm regards,
Kumar
Email: kumaresic@rediffmail.com

Dear,

One way you are telling about an accident while on duty, and the other way you are saying he died in March 2009. You could have come to know in June 2009. Then, if the accident was in the course of employment, why was the accident form not sent? Basically, you do not tell the complete story and want an answer. Without knowing the complete facts, answering is difficult. In an earlier thread, I asked you whether the accident was in the course of employment or out of employment. If he was on the payroll, moving on the road, and met with an accident, then it does not come under the course of employment. Please tell the complete story.

J.S. Malik

Sir,

In our company, 95% of employees are field staff all over India. In March, an employee passed away. When his wife wrote a letter to the Head Office regarding benefits, we (Head Office) only came to know in June. From the organization's side, we provided the deceased family with 4 lakh rupees. Any further benefits they may be eligible for from ESIC & PF.

Regards,
Lalith Reddy

Dear Lalith,

I would like to clarify some details regarding the accident that occurred – specifically, the cause of death, location, and whether a case has been registered at the police station.

Could you confirm if there is any record in the payroll/attendance system? Clarifying these details will enable me to advise you on the best course of action to pursue an accident claim.

I am confident that if the individual is covered under ESI, they would be eligible for compensation from ESIC, whether the incident occurred while on duty or elsewhere.

Please update the ESIC return with the necessary information related to the death once you have the details.

Best Regards,

Sajid Ansari

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Wrong Practice by HR: No Minimum Wages Bifurcation into Basic + HRA

Posted Today at 07:14 AM by globaloverseas144

Tags: wrong practice

Wrong Practice by HR: Bifurcation of minimum wages into Basic + HRA or conveyance

Dear Friends,

It has come to my attention that some HR personnel/Management are engaging in improper practices.

Having conducted audits at over 1100 export houses/multinational companies across India, Bangladesh, Nepal, China, and beyond, I have observed that approximately 5% of factories are incorrectly splitting minimum wages into components like Basic + HRA, Basic + HRA + Conveyance, or other segments.

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Dear Lalitha,

If this accident happened while on duty, then his wife may receive a pension from ESIC as well. If this accident occurred while he was not on duty, then she will be entitled to funeral expenses amounting to 3000 rupees from ESIC. She will also receive a widow's pension from the PF department. You can obtain the death case form from the PF department where the complete procedure and required documents are specified. Please prioritize this task.

Regards,
J. S. Malik

Dear Lalitha,

Please explain in detail so that we can help you properly.

Best Regards,
Sajid

Hello Lalit,

First, let's be clear - if you have been contributing to the share of ESIC, it is divided into two halves: employee contribution and employer contribution. The employee contributes 1.75%, and the employer contributes 3.75%. These deductions are basically shown in the pay register. Regardless of how many employees your organization has and how many work in field jobs, if the contribution has been deducted and paid, you should be able to obtain an ESI number for the employee. You will have to maintain an accident register where you have to enter all the details of the accident and the final result. The employee's family is eligible to receive a pension as per the scheme. Please ensure that you get the concerned employee's ESIC number allotted. All you need to do is inform their dependents to approach the ESI branch and fill a claim form, which has to be supported by a letter from the company. After verification by the ESI, they will process the claim.

Also, check if a police complaint was filed when the accident occurred and if their statement was recorded.

Dear Lalitha,

I am sorry to say this, but your HR practices appear to be very poor and a bit callous. When an employee dies, the HR executive should not rest until the family receives all the benefits under the law, and if possible, some additional special benefits from the company and insurance, if applicable. I find that you are not providing full information, and without correct information, any reply you receive will only confuse the issue. Now, please collect the following information:

1. Date and time of the accident
2. Exact nature of the accident
3. Was he on duty when the accident occurred (it is not the same as him being on the company's payroll, but whether he was actually on duty at that point in time?)
4. Was he traveling in a company vehicle or a vehicle authorized by the company?
5. Was he in uniform, with a company identity card and any other document in his possession showing that he was on duty?
6. Any FIR and scene mahzar made by the police. What is stated in the FIR? If the scene mahzar and list of property on his body were made, does it show his uniform, company identity card, and other documents to prove he was on duty?
7. Could you obtain a letter from your customer stating that he left their place before the accident after attending company work, or that he was expected to come for company work?

If the answers to the above questions can prove that the deceased employee was on company work at the specific time of the accident, and this can be established by the documents as mentioned above, his family will receive a death benefit of approximately 70% of his salary for life, which will also be increased based on inflation. This is an important cash benefit for the widow and children, so do not lose out on this. In addition, they can receive an insurance benefit of about $60,000 for EPF, pension from EPF, funeral expenses of $3,000 from ESIC, and his EPF contribution with interest. For ESI death benefit on account of employment-related death, there is no qualifying period of employment, which means if a person dies on the first day of employment due to an accident in the course of and out of employment, his family will receive benefits.

Please feel free to contact me for further information at oahamid@yahoo.com. My advice will be free.

O. Abdul Hameed

Dear Sir,

I had a road accident in which a Sumo Car hit my bike. Actually, I was driving with a passenger on my bike on one side of the lane, and the road had no divider. On the other lane, a Sumo car entered my lane and collided with me and my friend. Both my friend and I broke our right legs. After the accident, the police were informed, and we were later taken to the hospital. I was operated on in a private hospital, and the other was operated on in a BMC hospital (he does not have ESIC). We had to rest in bed for six months.

Now, please advise us on the benefits we are supposed to receive. We did not receive any guidance regarding this matter.

Regards,
Jitendra Desai