Tragic Workplace Incident: Will the Family Receive Compensation Benefits?

Dear Sir/Madam, I would like to inquire about your positive feedback regarding an employee who shot himself and was declared dead during working hours, even though he is covered under the ESI Act and EPF Act. I am seeking your support and feedback on whether the deceased employee's family will receive benefits under the Workmen's Compensation Act of 1923 or if the claim will be settled by the ESI authority, as his family has already filed a case for workmen's compensation. I kindly request you to share your experiences and provide any necessary supporting documents to help resolve this matter.

Regards, Sunil Sharma [Phone Number Removed For Privacy Reasons]

Dear Sharma,

Claim under Employees' Compensation Act (earlier Workmen's Compensation Act) is tenable when the accident is 'out of and in the course of employment' of the employer and not for suicide, as appears from the explanation of the incidence.

If the employee is insured under ESIC, then Section 53 of ESIC Act debars the claim under any other act, including the Employees' Compensation Act. The formalities as per ESIC are to be completed.

Hope this will help you.

Dear Gupta Ji,

Thank you for your reply. My query is whether an employee covered under the ESIC who commits suicide will the family receive compensation under the Employees' Compensation Act. If so, what is the limit of compensation in the case of death along with the requirement to produce the company.

Regards,
Sunil Sharma
Mob: 9910126718

Dear Sunil,

I think that Gupta's reply is clear and categorical. The essence of his response is that if the deceased employee was covered by the ESI Act, no claim could be made under the EC Act. Suicide cannot be considered a consequence of a work-related accident simply because the employee committed it during working hours.

What about PF/EDLI and Gratuity benefits for the employee's family? Apply for all applicable benefits immediately so that you can help their family.

Thank you.