Tragic Loss on Duty: What Compensation Is Fair for a Heart Attack Victim?

One company employee (joined 6 months back) has gone for site supervision. He planned to go to the site from the hotel. Due to vomiting and some problems, he went to the hospital for a checkup. He had a major heart attack and was referred to another hospital. He passed away between hospitals (confirmed by the second hospital). The other hospital declared him dead, citing a major heart attack.

What should be the compensation as per law/norms? We appreciate your views.

Regards,
Pawan

Employee Compensation and ESIC Policy

Your organization might have an ESIC or Employee Compensation policy. Benefits are available under either of the two. You should also seek clear guidance on correct details such as salary drawn, age, designation, nature of duties, etc. Yes, the death of any employee due to a heart attack during the course of employment is covered under the above Acts.

In this forum, we have advisers, advocates, Labour Department's retired/acting officers, experts, and practitioners dealing with routine day-to-day matters of a similar nature. Please share as many full details as you can so that you are supported with the required solutions by members.

Regards,
RDS Yadav

One company employee (joined 6 months ago) went for site supervision. He planned to go to the site from the hotel. Due to vomiting and some problems, he went to the hospital for a checkup. He had a major heart attack and was referred to another hospital. He died en route to the hospital (as confirmed by the other hospital). The second hospital declared him dead, citing a major heart attack.

The individual's gross salary was approximately Rs 50,000 per month, and he was 30 years old. He was not covered under ESI as his gross salary was higher.

Please confirm whether the individual is eligible for compensation as per the law. If yes, which law is applicable? We appreciate your views.

Regards,

As rightly pointed out, he will be entitled to compensation if he falls within the category of Schedule II under Section 2(1)(n) of the Act. Assuming he falls within the category, then he will be entitled to the following:

Rs. 8000 x 50% x 207.98 (relevant factor for 30 years age) = Rs. 8,09,920/-

Whether a heart attack is an employment injury is kind of debatable and can vary from case to case.