Dear friends, I have a case study for you and seek your valuable feedback on the same. One of my friends was working with a reputed firm in the position of GM. One night while returning to his home from an official party/meeting (which was conducted in some other premises), he met with an accident at 23:00 Hrs. and passed away in the hospital after a painful struggle with his life for a long 10 days. Now, the company is playing with the helplessness of his family. It seems from their attitude that they will not give any compensation to the deceased's family. His age was 36 at the time of death, and he has left behind his wife and a 5-year-old child.
Seeking Compensation Guidance
I will be very thankful to you if you can show me the correct way for claiming the compensation. Whether the Employee Compensation Act is applicable in this case. If yes, then how to start with it. What are the other death benefits that we can claim from the company?
Your response will be highly appreciated.
Thanks & Regards,
Subh
From India, Calcutta
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3Seeking Compensation Guidance
I will be very thankful to you if you can show me the correct way for claiming the compensation. Whether the Employee Compensation Act is applicable in this case. If yes, then how to start with it. What are the other death benefits that we can claim from the company?
Your response will be highly appreciated.
Thanks & Regards,
Subh
From India, Calcutta
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Firstly, it is to be noted that your friend is not eligible for the EC Act of 1923. The question is: How can you prove that he was on official duty? Is there any circular of a meeting signed by him? Please check if the company has any policy like MEDICLAIM. Also, please check if any GPA Policy exists within the company.
Regards,
Mangesh Wakodkar
From India, Pune
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Regards,
Mangesh Wakodkar
From India, Pune
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Please provide the details of where the deceased worked. Was it at the office sites? As you mentioned, if he was working at the sites, he should be covered under Workers' Compensation, subject to proving that the accident occurred while he was on duty.
We can also look into the Provident Fund (PF) aspects.
Regards,
From India, Hyderabad
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We can also look into the Provident Fund (PF) aspects.
Regards,
From India, Hyderabad
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The employee is not eligible for benefits under the EC Act if the incident does not occur within the Principal Employer's premises. However, he can seek benefits under GPA if it is covered by his Principal Employer. Additionally, his family members (spouse, children) can claim pension and EDLI benefits under the EPF Act.
Regards,
Vijay
From India
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Regards,
Vijay
From India
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Dear Subh,
Under the Workmen's Compensation Act, it is an established fact that if an employee dies due to a fatal accident arising out of and in the course of his employment, the dependents of the deceased employee are entitled to compensation. Although the accident took place at 23:00 hrs and outside his office premises, at the time of the accident, he was returning from a meeting organized for his employer's trade or business; he must be treated as if he was on official duty. If the employer's attitude indicates a reluctance to pay compensation to the deceased employee, then the dependents should file a claim under the Workmen's Compensation Act of 1923 in the court of the Workmen's Compensation Commissioner of the respective state. The claim can be filed either in the area where the accident occurred or where the dependent resides.
Regards,
Rajesh Kumar
Compliance Executive
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Under the Workmen's Compensation Act, it is an established fact that if an employee dies due to a fatal accident arising out of and in the course of his employment, the dependents of the deceased employee are entitled to compensation. Although the accident took place at 23:00 hrs and outside his office premises, at the time of the accident, he was returning from a meeting organized for his employer's trade or business; he must be treated as if he was on official duty. If the employer's attitude indicates a reluctance to pay compensation to the deceased employee, then the dependents should file a claim under the Workmen's Compensation Act of 1923 in the court of the Workmen's Compensation Commissioner of the respective state. The claim can be filed either in the area where the accident occurred or where the dependent resides.
Regards,
Rajesh Kumar
Compliance Executive
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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