A relative of mine was working for a company. They have a camp somewhere, and he died due to cardiac arrest in the camp itself. His senior wasn't allowing him to go on leave for the last couple of months. Four to five days before his death, he said to his family that the "company is giving too much tension." I want to ask a few things:
1. Would they be able to get compensation on the grounds of negligence and death at the worksite?
2. The company didn't send any person with the dead body. Is it their responsibility to ensure the proper care and safe reaching of the body to his family?
3. They weren't giving him leave, and they were pressurizing him. Aren't the company members liable for his death?
From Sri Lanka, Colombo
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1. Would they be able to get compensation on the grounds of negligence and death at the worksite?
2. The company didn't send any person with the dead body. Is it their responsibility to ensure the proper care and safe reaching of the body to his family?
3. They weren't giving him leave, and they were pressurizing him. Aren't the company members liable for his death?
From Sri Lanka, Colombo
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Compensation for Death Due to Heart Attack at Work
The tests to be applied are whether the death resulted from an accident arising during the course of employment and out of employment. Many judicial decisions uphold that a heart attack is considered an accident, and compensation is payable if the tests are answered affirmatively. Since the employee was at the campsite when the heart attack occurred, it happened during the course of employment. The evidence, such as the company causing excessive tension and denial of leave, is sufficient to prove that the accident arose due to employment. Therefore, the bereaved family is entitled to compensation under the Employees Compensation Act 1923. Please send a notice of death and claim for compensation.
It is deplorable that the employer chose not to send its representative along with the deceased body.
From India, Mumbai
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1593The tests to be applied are whether the death resulted from an accident arising during the course of employment and out of employment. Many judicial decisions uphold that a heart attack is considered an accident, and compensation is payable if the tests are answered affirmatively. Since the employee was at the campsite when the heart attack occurred, it happened during the course of employment. The evidence, such as the company causing excessive tension and denial of leave, is sufficient to prove that the accident arose due to employment. Therefore, the bereaved family is entitled to compensation under the Employees Compensation Act 1923. Please send a notice of death and claim for compensation.
It is deplorable that the employer chose not to send its representative along with the deceased body.
From India, Mumbai
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Dear Shivam,
To be eligible for compensation under the Employees' Compensation Act, 1923, first, the person employed must be an 'employee' as defined under section 2(dd) of the Act, read with the list of employees enumerated in Schedule II of the Act. Secondly, the injury sustained must result in permanent or partial disablement or the death of the employee as a result of an accident arising out of and in the course of employment. In the case of employees required to work on-site where they have to reside, they are deemed to be at work on-site all the time, including during their rest or stay, under the doctrine of the notional extension of the place and time of employment.
Therefore, if your deceased relative falls within the ambit of the definition clause, given the circumstances of continuous work for two months and the refusal of leave as explained in your post, the sudden cardiac arrest causing his death can be attributed to the stress and strain caused by the rigor of his employment, and as such, his dependents are entitled to compensation under the Act.
It is not clear from your post whether any post-mortem was conducted, or if it was done, what the cause of death mentioned therein by the doctor who conducted the autopsy was.
In any case, his dependents can file a claim for compensation if he was an employee before the Compensation Commissioner for the area where he last worked and later transfer the case to the place of their residence.
From India, Salem
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To be eligible for compensation under the Employees' Compensation Act, 1923, first, the person employed must be an 'employee' as defined under section 2(dd) of the Act, read with the list of employees enumerated in Schedule II of the Act. Secondly, the injury sustained must result in permanent or partial disablement or the death of the employee as a result of an accident arising out of and in the course of employment. In the case of employees required to work on-site where they have to reside, they are deemed to be at work on-site all the time, including during their rest or stay, under the doctrine of the notional extension of the place and time of employment.
Therefore, if your deceased relative falls within the ambit of the definition clause, given the circumstances of continuous work for two months and the refusal of leave as explained in your post, the sudden cardiac arrest causing his death can be attributed to the stress and strain caused by the rigor of his employment, and as such, his dependents are entitled to compensation under the Act.
It is not clear from your post whether any post-mortem was conducted, or if it was done, what the cause of death mentioned therein by the doctor who conducted the autopsy was.
In any case, his dependents can file a claim for compensation if he was an employee before the Compensation Commissioner for the area where he last worked and later transfer the case to the place of their residence.
From India, Salem
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The person who died at home (Residential Camp) due to cardiac arrest is not eligible to receive compensation under the WC Act. Compensation under this act is provided to workers in the event of accidents that occur during the course of employment, resulting in disability or death.
Your points 1 & 2 do not establish a cause for compensation. Given the circumstances, it seems that family members cannot claim compensation under the act.
There is no impediment to filing a case before the ALC to seek compensation. The primary reason for the death was the workload and the denial of leave for physical ailments necessary for treatment, leading to mental harassment. You, your family members, or your lawyer must demonstrate the cause of death with witness accounts from coworkers.
From India, Mumbai
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Your points 1 & 2 do not establish a cause for compensation. Given the circumstances, it seems that family members cannot claim compensation under the act.
There is no impediment to filing a case before the ALC to seek compensation. The primary reason for the death was the workload and the denial of leave for physical ailments necessary for treatment, leading to mental harassment. You, your family members, or your lawyer must demonstrate the cause of death with witness accounts from coworkers.
From India, Mumbai
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EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
Workmen's Compensation Act 1923.doc