An employee got heart attach after completing his duty but which changing his uniform in rest room. My doubt is that, whether Workman Compensation will cover this death & is he eligible for claim?
From India, Chennai
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4From India, Chennai
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You may please check if the worker was covered or coverable under the ESI Scheme. If so, his dependent family members are entitled to Dependent Benefits. If not, his case will be dealt with under the Workmen's Compensation Act. For further information on ESIC, you may visit www.wobeen.com or write again with full details of the case.
Thank you.
From India, Gurgaon
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Thank you.
From India, Gurgaon
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Yes, the employee is eligible for compensation as the mishap occurred "during the course of employment." Courts have also ruled that when an employee is on the way to the office or on the way home after duty hours, he is still "in the course of employment."
Regards,
Dr. T. Thomas
From India, Bangalore
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Regards,
Dr. T. Thomas
From India, Bangalore
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As his death occurred on the office premises immediately after his duty hours were over, he needs to be compensated since his duty is not considered over until he has left the office premises. He died in the changing room, and therefore, compensation is necessary.
For compensation, either the ESIC or WC will be activated, depending on which is applicable.
Regards,
Dr. Urjit Kavi
From India, Delhi
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For compensation, either the ESIC or WC will be activated, depending on which is applicable.
Regards,
Dr. Urjit Kavi
From India, Delhi
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There is no doubt that the employee is eligible for compensation as the mishap occurred "during the course of employment." Specific rulings from courts are available upholding this issue, stating that when an employee is on the way to the office or on the way home after duty hours, they are still "in the course of employment."
Take care,
Regards, Sourav Mukherjee
From India, Bangalore
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Take care,
Regards, Sourav Mukherjee
From India, Bangalore
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As per the facts mentioned by you, the Workmen's Compensation Act is applicable in this case if the deceased is not covered under ESI. If the deceased is covered under ESI, compensation and benefits are applicable under the provisions of the ESI Act. Please check and proceed accordingly for further processing as per the relevant legislation and rules.
With best wishes,
Venkata R. Murthy
From India
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With best wishes,
Venkata R. Murthy
From India
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Whether he or she passed away during office hours but after their duty, and the incident happened on the company/factory premises, they are eligible for all benefits. If the same problem occurred outside, the management will provide statutory benefits. For example, from ESI (if not already enrolled), they will receive funeral benefits of Rs. 5000, and their nominee will receive a pension from ESI. Please refer to the act. If it's a workplace accident, they will be entitled to an amount of Rs. 62,000 as per norms, in addition to the number of years of service for gratuity. In the event of their passing, whether at the office or at home, the nominee can claim benefits from the company. This is my suggestion; please inform me of any mistakes.
Thank you.
From India, Chennai
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Thank you.
From India, Chennai
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Accidents arising out of and during the course of employment qualify for compensation. Accordingly, the concerned employee shall also be entitled to compensation under the WC Act.
Regards,
S.K. Johri
From India, Delhi
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Regards,
S.K. Johri
From India, Delhi
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Dear Charan Yes he is eligible to get benefit under Workman Compansation Act 1923. Rest is story!
From India, Mumbai
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From India, Mumbai
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If the workman is covered under the Employee Compensation Act, no compensation is payable since it is a natural death and not an accident. However, compensation is payable if the cause of death can be proved to be the stress/strain caused due to the nature of work carried out by him.
Regards,
P. KRISHNAN
From India, Bharuch
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Regards,
P. KRISHNAN
From India, Bharuch
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Under the Employee Compensation Act, compensation is payable only for accidents that occur during the course of employment. In this case, death did not occur due to an accident, and hence no compensation is payable. The Employee Compensation Act does not have provisions to pay compensation for natural death.
Regards,
P. KRISHNAN
From India, Bharuch
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Regards,
P. KRISHNAN
From India, Bharuch
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