Employee Road Accident - Suggest LWF & Other compensation to his Family Members

Respected Sir,

Greetings of the day !!!

Earlier I was post WC benefit for Accidental death case and It is very helpful input of many senior & experience person Specially Thanks to Umakanthan.M Sir. In continuation earlier post I need another help from all of you I need to know what is the benefit under LWF ( Labour welfare fund) If associate accidental death.

In case of associate death in road accident, how many types of compensation will eligible to associate family members.

Kindly request you all senior and experience person please share your valuable input in this regards.

Death benefits from the labour Welfare Fund will depend upon the rules and benefit provisions of the Fund and there is no uniform rule for such Funds across India. The benefits available under certain Funds (say, different Welfare Funds in Kerala) may include death benefits (not compensation) to dependents even if the death is due to reasons not relating to employment, like road accident. In some cases it will be restricted to deaths during the course of employment which may be extended to road accident where the employee was travelling as part of his employment.

Apart from benefits from Welfare Funds, the employee's dependents would be entitled to benefits from EDLI (Employees Deposit Linked Insurance) from the Employees Provident Fund Organisation. This is apart from the PF accumulations and Pension as admissible.

In case the accident has taken place while the employee was travelling as part of his employment, obviously, his dependents will get pension from ESI Corporation. The road accident and subsequent death will be construed as death due to employment injury even if the mishap has happened not on duty but after his scheduled duty time but within the time when he normally come to office or go home back from the office and at the place he normally commutes to and fro the office.

In addition to the above, the employer is liable to pay gratuity provided the company is covered by the Payment of Gratuity Act. This is required to be paid even if he has not completed five years of service.