Navigating Employee Benefits After a Personal Accident: What Can Be Done?

Accident and Employee Benefits Inquiry

One of our workers has met with an accident in Bankura (W.B) during his personal visit to that place. He lives in Bokaro and is covered by ESIC & EPF. However, as the accident occurred outside the plant, the ESIC manager has rejected starting a pension for his nominee because there is no direct connection between the employee and employer during his travel. The manager suggested that if the employer can provide proof or submit documents showing that the travel was related to his employment, then the pension can be initiated for the nominee.

Please advise on the benefits he may receive under these circumstances.

Since the accident happened at Bishnupure railway station, please also suggest what benefits he may be entitled to from the railways. It should be noted that the railway master has falsely accused him, stating that the accident was due to negligence of basic railway rules.

We are keen on providing financial assistance to the family within the limits of the Act.

Regards

You cannot provide any assistance to the family members of the deceased within the limits of the law, as the death of IP is not due to an injury out of employment or in the course of employment. If you wish to provide any assistance to the family members of the deceased, you have to provide it outside the limits of the law. My response is limited to benefits (pension) under ESI only.

ESI authorities are correct as the employee was not on duty at the time of the accident. The legal heirs are eligible for funeral benefits from the ESI up to Rs. 10,000. From PF, he is eligible for EDLI, his PF accumulation, and a pension for his spouse and two children below the age of 25 years.

Management's Role in Gratuity Payment

As far as Management is concerned, the Management can pay his gratuity up to his superannuation age of 58 years (if Management has obtained an Insurance Policy under the Gratuity Act).

This is for your kind information.

Regards,
G.K. Manjunath
Sr. Manager - HR

Consideration Under Section 51E of the ESI Act

ESI authorities can consider this case only if it is under Section 51E of the ESI Act.

Regards,
Varghese Mathew
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