Navigating ESIC Benefits: How to Support a Deceased Employee's Family

I have been working in an FMCG company in the HR department. I am seeking your kind advice on the corrective steps to be taken from our end to comply with statutory obligations regarding the death of an employee. He was covered under ESIC and was not on duty when the incident occurred. He left behind his dependent parents and spouse, who is pregnant. Could you please inform me about the benefits we can avail for them under the ESIC scheme?

I am awaiting your response. Thank you.

Regards

With reference to your query, I would like to state that, as such, the death of the Insured Person did not occur out of and in the course of employment; therefore, the family members of the deceased will not be eligible for monthly dependent benefits. There is a provision of a Funeral Benefit in the case of the death of an Insured Person/Insured Woman, and the amount of the Funeral Benefit is now Rs. 10,000/-. It can be claimed by the nominee of the deceased at the concerned branch office. The dependent of the deceased is required to fill out Form No. 22 to claim the Funeral Benefit, which should be attested by the Employer and submitted along with the death certificate of the deceased. If you are interested in obtaining Form No. 22, please revert for the same.

Regards,
R B Yadav
Advocate

I have been working in an FMCG company in the HR department. Seeking your kind advice for corrective steps to be taken from our end to comply with statutory obligations regarding the death of an employee. He was covered under ESIC and was not on duty when the incident occurred. He left behind his dependent parents and spouse, who is pregnant. What are the benefits we can avail for them under the ESIC scheme? Kindly let me know.

Waiting for your response, please. I agree with Mr. Yadav, but it should be claimed by the eldest surviving family member. They can claim at the Branch Office within 3 months of the death of the IP.

With regards,

ESI is covered while coming to duty and after leaving the duty for a period of up to 1 hour before and after the duty timings. The PDB will be given to the nominee. So, it need not be on duty only.

Understanding Section 51E: Accidents During Commute

Under Section 51E, an accident occurring to an employee while commuting from their residence to the place of employment for duty, or from the place of employment to their residence after performing duty, shall be deemed to have arisen out of and in the course of employment if a nexus between the circumstances, time, and place in which the accident occurred and the employment is established.

Regards.

I am sorry, I just typed it as PDB instead of DB, so there is nothing misleading in it. The main question was about the incident that occurred when he was not on duty. I was trying to say it need not be exactly on duty; it can be when coming to or going from the duty premises.

With regards.

Appreciate the answers given by the members for the above-mentioned query. I would like to ask a similar question: What if the employee is covered under ESIC and, while going back home in the evening, he meets with an accident and was also under the influence of wine/drink? What type of benefits would he be entitled to under ESIC in such a situation, and what about in the case of his death?

In case of death, the Death Benefit (DB) will be payable even if the deceased was under the influence of alcohol. The logic is that the person is not present now to defend the allegation. Also, why punish the family for the mistake of the deceased person?

In this case, Manas has not provided any details of the situation. The only information he has given is the death of the employee and that when the death occurred, the employee was not on duty. This is not adequate information to provide advice on.

Regards

Dear All,

Kindly let me know in case an employee on duty falls sick and is later admitted to an ESIC Hospital but unfortunately passes away in the hospital. What formalities need to be carried out in this situation?