Dear Shraboni
The replies given by Madhu is correct.
Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.
As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa
Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.
No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.
As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.
Please also help family to file MV Tribunal case and follow up seperately.
you are welcome to contact me at [Login to view] or 09944190441, if you need further advice.
O. Abdul Hameed
Formerly Additional Commissioner, ESIC New Delhi
Presently Group General Manager, Corporate group