Compensation from company - my younger brother died (age-33) due to HEART ATTACK

My younger brother died (age 33) due to a heart attack while on duty in September 2017. The company is not providing any compensation. What should I do? Please help me.

Compensation can be claimed for employment injury while on duty. Will you be able to establish that his heart attack was caused due to job pressure or so? Only then may you get compensation. But this will be a long road.

My brother had gone to Bangalore with their concerned team for a company event for 5 days. On the sudden 4th day, the company staff called us and informed us that my brother had passed away. He had a massive heart attack. Please tell me what to do now. I have already filed an FIR in Bangalore.

Only if the employment of the deceased satisfies Sec. 2(1)(dd) read with Schedule-II of the EC Act, 1923, can you claim compensation under the Act.

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Please check compensation under different provisions:

1. Covered under group insurance, leave, and gratuity linked with insurance by the company.
2. Under EPF - EDLI, PF, and pension amounts.
3. If carrying an ATM card, maintaining a balance, and covered under Pradhan Mantri Yojna - compensation from the bank's branch.

It is sad to hear about your brother's sudden demise. I agree with Sh. R. K. Singh Sir's advice as these are the grounds where you may seek assistance in this regard.

Thanks everyone for your advice. I am going to consult a lawyer. Do you have any references? Please do the needful.

As per the latest case law, a heart attack is held to be an employment injury. Therefore, you can claim Employees' Compensation if your brother was employed in any industry covered in Schedule II of the Employees' Compensation Act. If he was covered by ESI, then he will receive death benefits. Also, if there was a group accident policy or group medical policy, you need to examine if it can be claimed.

Thank you.

Dear Friend,

I am deeply sorry to hear about the untimely passing of your brother. It is unfortunate that he passed away while he was at work in Bangalore. In order to seek compensation, you will need to gather the following documents:

1. Details regarding the time of death and the activities he was engaged in at that time.
2. The postmortem report.
3. The death certificate.
4. Information on who officially declared your brother deceased and the assistance that was provided to him during his illness.
5. It is important to establish that your brother's death was directly linked to his employment. If his death occurred in the course of his work, his employer is obligated to provide compensation.
6. Obtain your brother's medical records to demonstrate that he did not have any pre-existing health conditions.

I recommend seeking guidance from a competent lawyer to review the aforementioned details. If everything is in order, you should proceed to file a case before the Commissioner under Employees' Compensation at the Local Labour Office.

Please accept my heartfelt condolences during this difficult time.

Sincerely,
[Your Name]