Tragic Workplace Accident: Who Bears Responsibility, the Company or ESI?

My friend works in a small sales organization. Unfortunately, he was involved in an electrical accident last night and has passed away. I am seeking clarification on who is responsible for this incident, the company or the Employee State Insurance (ESI) scheme.

Thank you for your attention to this matter.

Regards

The issue raised by you in the thread is not clear since full facts have not been mentioned. In order to express proper and to-the-point views by the seniors, I hope you will clarify the following points:

1. Whether the unit in which your friend was working is covered under the ESI Act, 1948.
2. If yes, whether your friend was covered under the above Act as an employee at the time of the accident.
3. If the answer to the above two questions is yes, please clarify whether the accident occurred when your friend was on duty or working relating to or in connection with the work of the said covered unit.
4. If the answer to the above questions is yes, whether the employer or the company has submitted an accident report to the appropriate office of ESIC as required under the provisions of the above Act.

Please reply to the questions asked by Mr. Harsh. Then you will receive the correct guidance. Whatever is happening in the company, obviously, the company will be the responsible authority. The company has to inform the accident to the ESI, Police Station, Licensing Authority, and the next of kin/legal heir of the deceased. If this is done, then the ESI will take care.

Regards

If the person concerned was covered under the provisions of the ESIC Act, then his dependents are eligible for pension and funeral benefits, subject to the accident occurring in the factory premises during working hours or in connection with the work of the establishment. In the absence of the ESIC scheme, the dependents are eligible to raise a claim under the Workmen's Compensation Act, again subject to the accident occurring in the factory premises during working hours or in connection with the work of the establishment.

Regards,
PK Sharma