Navigating Financial Support After a Tragic Loss: What Benefits Can His Parents Expect?

My elder brother's son has passed away. The reason for his death has not been declared yet by the Police Department and the respective authorities. He was on his way to work; his company was five kilometers away from his residence when he collapsed at the bus stop.

He was employed in a private company that provided benefits such as PF and other facilities. At the time of his death, he was 26 years old and had been working with the company for the past four years. ESIS was applicable in his company. His take-home salary was approximately 20,000, but I am not sure about the exact basic salary he received.

Determining Financial Benefits

Now, how can we determine what type of financial benefits his father and mother will receive from the employer, Provident Fund, and ESIS?

Important Information Missing

Sir, in your thread above, you have not mentioned important information, namely: (a) the date of the accident (i.e., whether there is a delay in reporting to the appropriate office of ESIC), (b) whether any FIR was lodged with the police authorities, and (c) what is the cause of death as per the post-mortem report, etc.

Accident Report Submission

I may submit that in respect of accident cases, the Accident Report is to be submitted by the employer to the appropriate branch office of ESIC to which the said insured person is attached. Was any such report filed with the said office? If not, what is the opinion of the deceased's employer?

Employment Injury Consideration

I may further submit that a person on the road is treated at par with the public, and if an accident occurs in such a situation, it is not considered a case of employment injury. However, under the ESI Act, 1948, there are provisions in Sections 51-C and 51-E that entitle dependent benefits in certain circumstances. I hope you will review the provisions in the above Act.

Contacting ESIC Branch Office

Above all, it would be better if the dependents of the deceased insured person could contact the concerned Branch Office Manager of ESIC and discuss the matter along with the deceased employee's PEHCHAN CARD.

He will also be eligible for gratuity as per rules.

Accidents During Commute Covered Under the Act

Accidents occurring while commuting to the place of work and vice versa are covered under the act. New Section 51E has been inserted: "51 E. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty shall be deemed to have arisen out of and in the course of employment if the nexus between the circumstances, time, and place in which the accident occurred and the employment is established."

Read more at: http://www.lawyersclubindia.com/foru...ions-20213.asp

Death will be treated as on duty if it is proved that the employee was heading to the office as part of his duty.

Dear Harsh,

Can you comment on my observation about death while heading to duty point as given above?

Dear Member,

Even though the provision for notional extension is available under Sec 51-C and 51-E of ESI Regulations, the causal connection and nexus should be established that the death occurred in connection with the duty performed or an employment injury resulted in death. Otherwise, it is not easy to claim death benefits under ESI.

Dear colleague,

The poster has not stated anywhere that the death of the person was due to an accident. He was on his way to work, and while waiting for the bus, he collapsed. The death can be considered to have occurred during the course of and arising out of employment. Therefore, his dependents are entitled to statutory benefits if they approach the authorities - ESI, PF, and Gratuity.

Regards,
Vinayak Nagarkar
HR Consultant

Dear Sh. Nathrao ji, thank you for your observation as above. I may, however, submit that the theory of notional extension in respect of acceptance of outside (road) accident cases has been followed in ESIC for many years. In the year 1996, the Honorable Apex Court decided the case of Francis De Costa, wherein it was indicated that there is no scope for the theory of notional extension in the ESI Act, 1948 as it existed. Therefore, in the subsequent amendment to the above Act, Section 51-E was specifically inserted in 2010 to clarify the position and eliminate any discretion for the authorities.

If we consider a theoretical approach towards the aforementioned death case, it becomes evident that there was actually no physical accident. The deceased person "collapsed," as mentioned by the initiator of this thread. Hence, in my opinion, it is a case requiring total medical interpretation and findings, such as those in the Post Mortem Report and the causes of death as certified by the appropriate hospital authorities. Consequently, I correctly highlighted the necessity of filing an FIR with the police authorities and including the results from the Post Mortem Report in my remarks above. Moreover, details such as the start of duty hours, the time of the deceased's collapse, the availability of transportation from the employer, if any, and the direct and nearest route from the deceased's residence to the place of duty are also pertinent in such cases.

Dear Padmakarji,

Your nephew's nominee will benefit under the Deposit Linked Insurance Fund of the Provident Fund on the following grounds:
- Death: Natural, Accidental, Cardio respiratory arrest, brain stroke, etc.
- Withdrawal of accumulated PF Contribution with interest.
- ESIC: Funeral Benefit of Rs.10,000/-
- Gratuity: Gratuity payment for 4 years.

You cannot expect or demand any compensation from the employer as per the law for such cases.

Regards,
Suresh

Filing a Claim for ESIC Benefits

The kin or dependent of the deceased employee, as the case may be, should file a claim before ESIC through the employer. According to ESIC Section 51E, the family of the deceased shall receive benefits for accidents occurring while commuting to or from the place of work. An accident involving an employee while traveling between their residence and workplace, either to or from duty, is considered to have happened during the course of employment if a connection between the accident circumstances, time, place, and employment is established.

Documents Required for Filing

Before filing, ensure you have the following documents ready: (i) Police FIR, (ii) Death certificate, (iii) Postmortem report, (iv) Details of nominee or declared family members, and (v) Other employment details.

Here are the corrected URLs:

- http://www.esic.nic.in/CIRCULARS/cirbft29.8.14.pdf
- https://indiankanoon.org/doc/429209/
- https://indiankanoon.org/doc/1587160/?type=print

These court decisions are worth reading in the case of an employee dying en route to the office and having ESIC coverage.

EPF Member's Nominee Benefits

An EPF member's nominee is eligible for the following irrespective of the nature of death:

1. Pension minimum ₹1000/month
2. EDLI (Employee Deposit Linked Insurance) - 24 times the average salary for the last 12 months. Salary means the salary on which EPF contribution was deducted.

A rough calculation for the pension is pensionable salary (average last 60 months' salary on which EPF contribution was deducted) multiplied by pensionable years (the number of years contribution was made to EPF) divided by 70.

To apply, you have to use a combined application form (a copy attached) routed through the employer. If the employer has a UAN number linked to Aadhaar, the application can be submitted online directly. Expect the minimum pension to increase considerably during this budget to meet an SC ruling of 2016 and EPFO's circular dated 23 Nov 17. Please obtain the specified forms from the EPFO and attach them to your combined application form.

ESIC Compensation and Funeral Expenses

ESIC also allows for some compensations, but I am unsure if one can avail both. Funeral expenses can be availed from ESIC.

Requirements with the Application Form

1. Bank account - a single account in the name of the nominee (no joint account) in EPFO designated banks. This may vary from state to state, but SBI is applicable for all states. The first page of the passbook should be attached.
2. Death certificate of the member.
3. Photos of nominee/s - 3 sets.

I am presuming that he was unmarried since you are asking about the eligibility for his parents. If he was married, his widow and children are eligible for the pension irrespective of the nomination.

Eligibility for Pension in Case of Death

Remember that in the case of death, a pension is eligible even if the employee has contributed only for one month to the EPF. The minimum 10 years of service requirement does not apply in death cases. It does not matter whether he died on duty, as at the time of death, he should be in employment. Please ensure that the employer contributes even for the month of his death, although normally all employers will do so.

Motor Accident Compensation

The cause of death is not known currently. In the event of a motor accident, according to the Motor Accident Act, the victim is eligible for 10 times the average income declared in the income tax return for the last 4 years. To pursue this, you need to approach a lawyer specializing in death cases.

Dear Sir,

His family gets PF benefits, EDLI, and pension benefits. Please contact the company HR Department.

Mr. Harsh Kumar Mehta is very correct. It has been decided by the Apex Court that the incumbent has to prove "during the course of employment" as per the act. Otherwise, it will be deemed as natural death out of the purview of the Act.

Contact the HR department of the company and focus on EDLI because the nominee is eligible for Rs. 6 lakh.

Please reach out to the HR department and inquire specifically about the EDLI details as the nominee is entitled to receive Rs. 6 lakh. Thank you.

Dear colleague,

In my January 18, 2018 post, I mentioned that a nominee/legal heir is eligible for benefits under the Deposit Linked Insurance Fund. The maximum benefit under this scheme is Rs. 6 lakhs, not just Rs. 6 lakhs. It is 30 times the last 12 months' average monthly salary (Basic+DA) or Rs. 15,000/-, whichever is lower. Additionally, there is a maximum additional amount of Rs. 1,50,000/- payable as a Bonus.

Suresh