Tragic Loss at Work: How Much Will ESIC Pay to the Family for a Heart Attack Death?

athargans
One staff member died due to a heart attack on duty. He was insured under ESIC. Is he eligible for ESIC benefits? If yes, how much amount will be paid by ESIC to his nominee if his monthly gross salary is ₹9,670 and his age is 37 years old?
Shyam Agrawal
Eligibility for ESIC Benefits

One staff member died due to a heart attack on duty. He was insured under ESIC. Is he eligible for ESIC benefits? If yes, how much will be paid by ESIC to his nominee if his monthly gross salary is ₹9,670 and his age is 37 years old?

Additional Information on EPF and Pension Schemes

I don't have a comprehensive understanding of ESIC, but I can provide information on EPF, family pension under the 1995 pension scheme, and the deposit-linked insurance scheme. Please confirm whether the deceased staff member was covered under EPF or had opted out.

Regards,
gopu.s
Please check with the local ESI branch office and inform them about the case. They will assist with the dependent benefits for the family members. Please inform them immediately.
bhardwaj_ch1
Pension for Dependents from ESIC and PF Scheme

Submit the original certificate of death.
Harsh Kumar Mehta
If the staff member died due to only illness, then the case cannot be called an 'employment injury' under the Employees' State Insurance Act, 1948. If the employer has submitted an accident report to the appropriate branch office manager of ESIC and if the case is admitted as that of an employment injury by the appropriate Branch Office, only then will the question arise for payment of dependants' benefit to the dependants of the insured person (staff member).

Dependants' Benefit Under the ESI Act, 1948

Under the ESI Act, 1948, there is no provision for any lump-sum payment of dependents' benefits. The amount of dependants' benefit has no relation to the age of the deceased insured person. The said dependent benefit is paid monthly to the eligible dependents as defined in the said Act.

Calculation of Dependants' Benefit

The daily rate of dependants' benefit is 90% of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs. Kindly refer to Rule 58 of ESI (Central) Rules, 1950.

Regards,
jkct15
ESI will not pay anything to the deceased employee's family. ESI can be utilized while alive. Only a funeral benefit will be provided to the deceased employee's family.
KARTIK CHANDRA DUTTA
ESIC Benefits for Dependents of Deceased Employees

ESIC will provide the following benefits to the dependents of the deceased employee:

• Funeral expenses: ₹10,000
• Monthly pension to dependents such as the wife, mother, father, and children.
• The amount of the monthly pension depends on the monthly salary of the employee on which contributions are made.
• There is a schedule with the ESIC department in which the pension amount has been determined in commensurate with the monthly salary.

Thank you to all.
Pardeep Goswami
Dear Mehta Ji,

How much claim do dependents receive in a road accident under the ESI scheme when the road accident occurs outside the company?
Shyam Agrawal
Dear All,

Benefits Provided by ESIC to Dependents of Deceased Employees

ESIC will provide the following benefits to the dependents of the deceased employee:

1. Funeral expenses of ₹10,000.
2. Monthly pension to dependents such as the wife, mother, father, and children.
3. The amount of the monthly pension depends upon the monthly salary of the employee on which contributions were made.
4. There is a schedule with the ESIC department in which the pension amount has been determined in commensurate with the monthly salary.

Thanks to all.

To the best of my knowledge, information, and belief, widow and children pension as well as Deposit Linked Insurance benefits will be paid by the EPFO and not by the ESIC, provided that the deceased employee was a member of EPF. EPS 1995 pension is payable to the widow and children if the member was married and had a family. In this case, parents are not eligible for any pension. Moreover, in the case of the death of an unmarried or divorced member, his dependent father is eligible for a pension, not his mother. The mother is eligible only if the father has predeceased.

Regards
gobsbp
ESI Funeral Expense and Pension Benefits

ESI will pay a funeral expense of Rs. 10,000/- and a monthly pension to the dependent. The pension amount would be 90% of the daily rate of wages (kindly confirm with the ESI branch office). Please make sure the below-mentioned documents are kept ready:

1. Accident Report
2. Witness Report, Attendance details of the deceased and witnessed employees.
3. Hospital bill (if admitted)
4. FIR copy
5. Police inquest report
6. Post Mortem report
7. Chemical Analysis Report
8. Death Certificate
9. TIC of the deceased employee
10. ID proof of the deceased employee
11. Bank details of the dependent

Please ensure the necessary documents are prepared as listed above.
yusufkhan@bcippl.com
Dear all,

Kindly tell me, can an IP take funeral benefits on the death of a dependent?

Yusuf Khan
raghavant
From the comments on this forum, it appears that ESIC benefits are available only if the death was due to an "employment-related injury." Can someone clarify, if an employee was under EPF and ESIC, and the death was due to an 'employment-related injury,' can he claim benefits from both EPF and ESIC?
majorbarman
If death occurred due to an employment-related accident, then the dependents are eligible for pension benefits from both EPF and ESIC.
kmkhrm@gmail.com
ESIC may be able to pay pension to deceased parents if the person is unmarried.

In my company, an employee with 4 years of experience received Rs. 15,000 and passed away. Rs. 1,875 was given to each parent, totaling Rs. 3,750.
raghavant
Dear Gobsbp,

Your reply seems to be the right answer. However, I have a few queries:

1. How does ESIC decide who is the "Dependent"? Is ID proof necessary for the dependent(s) as some posts here suggest that more than one person can receive a pension?

2. Another query is if a person is eligible for both EPF and ESIC pension, can they avail both?

3. What is TIC?

Thank you.
Srinath Sai Ram
Dear Raghavan,

In case of death due to an accident while on duty, deceased employees' family members are entitled to the following benefits:

ESI:
1. Funeral benefit of Rs 10,000/-
2. Pension for spouse & children
TIC means Temporary Identity Card

EPF:
1. Refund of EPF accumulations to the nominee
2. EDLI benefit to the nominee
3. EPS pension to spouse & children/parents

Please be specific in your query, providing factual information about the deceased employee.
rreddygk
Yes, both can be availed only in case death has occurred during the course of employment and due to employment. In the above-mentioned case (heart attack) may not be considered due to employment since it is considered an illness. The employee's family gets funeral benefits from ESIC. PF pays a one-time payment of EDLI and applicable pensions (Widow/Children/Orphan/Dependent) through EPS.
Srinath Sai Ram
Dear Mr. Raghavan,

My main query was if a person is eligible for both EPF pension and ESIC pension, can he avail both?
Please note that there is no "EPF Pension" but EPS - The Employees Pension Scheme, 1995. ESI and EPF are independent beneficial Central Legislations. There is no bar to avail pension subject to eligibility from both simultaneously.
raghavant
Dear Mr. Reddy,

EPS pension can be availed irrespective of the nature of death, with only two conditions: at least a month of contribution should have been made to EPS, and the individual should have been employed on the day of death. They should be on the payroll, not necessarily working on that day.

Thank you.
Chethankumarhk
Hi everyone,

One of our employees died in a road traffic accident while returning home from the company. If his family is eligible for any pension plans from ESIC, please let me know the procedure to apply, if any.

Thank you,

Chethan Kumar HK
Harsh Kumar Mehta
It would be better if you indicated whether:
(a) The employer has filed an Accident Report with the concerned Branch Office of ESIC.
(b) Any FIR has been lodged with the concerned police authorities. If an FIR has been lodged, what are the findings of the police authorities?
(c) A Post Mortem was conducted by the hospital authorities.
(d) On filing the accident report, ESIC authorities have conducted any investigation in the matter.

Hope that as an employer or an officer of the employer, you will also discuss the issue with the concerned Branch Office Manager of ESIC to which your said employee was attached.
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