Struggling to Claim Death Benefits: How to Handle Employer's Mistake in Payments?

Hello, my father was working in the private sector since 2007, and he and his employer contributed to PF, ESI, and the Staff Welfare Fund from his salary since 2007. My father passed away in April 2019 (he was 61 years old at the time of death), and the employer is aware of the date of death. My mother is the beneficiary for the death in service claim benefits. Based on the documents requested by the employer to proceed with the death claim benefits, my mother submitted all required death claim documents to the employer in November 2019.

However, we have not received any claim from any department yet. When we approached the employer, they replied as follows: "By mistake, the employer continued paying PF, ESI, and the Welfare Fund till November 2019 (EXCESS PAID). They forgot to remove my father's database from their accounts when making payments to the above departments. It was only after we submitted the death claim documents that they realized the error in continuing to make payments after my father's death. There has been no progress or proper response from the employer."

Death in Service Benefits

Please advise me on the death in service benefits from PF, EDLI, PENSION, ESI, and Staff Welfare Fund benefits and how to obtain the claim from the respective department.

Approaching the PF Office Directly

What if I directly approached the PF office for the above, bypassing the employer?

Assistance from the Employer

Do I need any assistance from the employer to resolve this issue? Please guide me on resolving the above matter and obtaining the claim. I am eagerly awaiting your valuable reply.

Thank you very much.

**Location**: Chennai, India

In this situation, it is crucial to take specific steps to ensure the timely processing of the death in service benefits. Here's a practical guide to help you navigate this issue effectively:

Understanding the Situation
- Acknowledge the error made by the employer in continuing payments post your father's demise.
- Recognize the importance of obtaining the rightful benefits for your mother as the beneficiary.

Steps to Resolve the Issue
1. [📝] Contact the Employer:
- Schedule a meeting with the HR or relevant department to discuss the situation.
- Request a detailed update on the progress of the death claim benefits.
- Seek clarification on the necessary actions from the employer's end to rectify the oversight.

2. [📄] Documentation Review:
- Ensure all submitted death claim documents are accurate and complete.
- Request the employer to confirm the submission of these documents to the respective departments.

3. [🔍] Direct Approach to PF Office:
- While it is possible to approach the PF office directly, involving the employer initially is advisable to streamline the process.
- If necessary, you can directly contact the PF office for guidance on the next steps.

4. [⏳] Follow-Up and Escalation:
- Regularly follow up with both the employer and the concerned departments for updates on the claim status.
- If there is no progress or response, escalate the matter within the organization or to higher authorities.

5. [🤝] Employer Assistance:
- Request the employer's cooperation in expediting the resolution process.
- Seek their support in communicating with the relevant departments to rectify the payment discrepancies.

Seeking Legal Advice
- If the issue persists or if there are legal complexities involved, consider consulting with a legal advisor specializing in labor laws and employee benefits for further assistance.

By following these steps and maintaining open communication with all parties involved, you can work towards resolving the issue and securing the rightful death in service benefits for your mother.