Is my Family Member Applicable for Compensation from Hospital after death during on duty work

Dear Sir,

One of my family members, aged 23, a female, is working in a Private Ltd. Hospital in India for 7 to 8 months. The Hospital is a Registered Ltd. Company and deducts P.F and ESI from her monthly salary.

The Hospital arranged a camp outside the Hospital Campus, and 4 members, including the driver, were going to attend the camp as per the Hospital Authority. While attending the camp, an accident occurred involving a truck. The Hospital car (Maruti Car/Ambulance) was crashed and caught fire instantly, resulting in the loss of my family member on the same day, along with the other 3 occupants who also died at the spot.

Details:
- Age: 23
- Gender: Female
- Salary of the Person: She received Rs. 14,000 in hand
- Salary as per Appointment Letter: Rs. 16,000 per month
- Worked for 7 to 8 months
- Hospital pays PF and ESI to the Government as deductions are shown in the salary slip

My questions are: Is my family member eligible for compensation from the Hospital? What benefits will we receive? Please provide a detailed explanation.

We have approached the hospital management, but they are simply delaying the cases and not addressing the serious issues. What steps should we take now?

Thank you.

Since she is covered under the ESI Act, compensation is payable by the ESI Corporation. Please move the requisite papers through the employer. As this was a traffic accident, there could be a claim under the Motor Vehicle Act 1988, which is likely to be a higher quantum, but a choice has to be made between the two. In addition, if the employer's hospital would like to pay compensation on their part, that would be ex-gratia and voluntary.

This is in addition to the reply of KKIHR.

Under ESI-RS 10,000/- towards Funeral benefit payable to the Nominee. EPF-Employee & Employer share to be refunded, EPS-Pension, and EDLI Benefit.

You have not furnished the Marital Status of the Employee & Date of Death. Since the Employee is covered under ESI & EPF, you have to request the Employer to process claims under the relevant Acts.

Hope with this information, you are able to proceed further without wasting any more time.

In this case, the dependent, legitimate, or adopted child shall receive benefits on a monthly basis. You need to lodge your claim for compensation with the ESI through your employer. The dependant is also eligible to receive funeral expenses. Additionally, the EPFO will provide one-time compensation under the EDLI scheme and pension for the dependants, regardless of the length of service.

In this matter, you have to decide whether to claim from the ESI or under the Motor Vehicle Act as suggested by Mr. KK-HR. One-time quantum compensation will be provided under the motor vehicle compensation, but one has to go through a legal process that may take a substantial amount of time to determine the compensation.

Dear Abhishek,

Initially, you will receive a funeral benefit amount from ESIC (as suggested by Srinath Sairam). Please have this applied through your relative's employer. Subsequently, the full and final amount can be claimed from the employer, which would be from the EPFO, along with any ex-gratia provided by the company or hospital.

You may also consider following the suggestion by KK!HR.

She should also receive gratuity if the Gratuity Act is applicable to the hospital.

Dear Member,

The nominee of the deceased is eligible for the following benefits:

a. Funeral Benefits under ESI (Claim shall be made within 30 days of death).

b. ESI death Benefit.

c. EPF Withdrawal Benefit.

d. EDLI - Insurance Benefit (around 6 Lakhs).

e. EPS - Pension under the Employee Pension Scheme.

f. Motor Transport Insurance Benefit (Higher Compensation) - It is better to avail Under Motor Vehicle Insurance instead of Other Compensatory Benefit.

g. Gratuity.

h. Compensation provided by the employer on compassionate grounds.

Note: Please discuss with the employer whether personal accident benefit/Term Insurance is extended to the deceased. Advise the nominee of the deceased to choose the insurance claim which gives maximum benefit.