I am working for a manufacturing company in the HR department, and our company is covered under the ESI Act. I should be aware of the Workmen's Compensation Act. Last month, one of our employees had an accident and unfortunately passed away.
My question is, do we need to pay the Workmen's Compensation amount? If we do, what is the ceiling amount, and how is it calculated? Please advise me.
From India, Chennai
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My question is, do we need to pay the Workmen's Compensation amount? If we do, what is the ceiling amount, and how is it calculated? Please advise me.
From India, Chennai
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Information Needed on Industrial Accident
We need more information:
1) Is it an industrial accident that happened within the precincts of the factory/workplace, outside, or while coming to duty or going home after duty?
2) Is it in the course of employment, i.e., while doing his assigned duty or otherwise?
3) Was the death caused by the injury sustained in the 'industrial accident'?
4) Did the Labour Inspector register a case of 'industrial accident death'? If so, what does his report say about it?
5) Has any claim been received from the nominees/dependents of the deceased employee?
6) Was he an 'Insured Person' (IP) and issued a photo ID card?
7) Was his ESI Contribution regularly remitted to ESIC, making him eligible for the benefits under ESI schemes?
Dependent Benefits
"36. How long is the Dependent Benefit paid, and at what rate?"
The rate of dependents' benefit is 90% of the standard benefit rate of the wages of the deceased insured person. It is apportioned among the dependents as follows:
1) Widow: Till death or remarriage at 3/5th of the full rate.
2) Widowed mother: Till death at 2/5th of the full rate.
3) Each child: 2/5th of the full rate each till he attains the age of twenty-five years.
4) Unmarried daughters: 2/5th of the full rate till they get married.
5) If the son or daughter is infirm and wholly dependent on the earnings of the insured person at the time of his death, they continue to receive the benefit even after attaining the age of 25 years/marriage as the case may be.
If the total dependents' benefit for all the dependents exceeds the full rate, the share of each of the dependents shall be proportionately reduced so that the total amount payable does not exceed the full rate. In case the deceased insured person does not leave behind any of the dependents referred to above, then his parents will get a 3/10 share, or if no parent is alive, then his paternal grandparent will get a 3/10 share of the full rate of dependent benefit.
Admissibility of Benefits for Casual or Temporary Employees
"37. Is TDB/PDB/DB also admissible if a casual or temporary employee meets with an employment injury on the very first day or any day before completing the first contribution period?"
There are no qualifying conditions or contributory conditions attached for the payment of temporary disablement benefit, permanent disablement benefit, or Dependents' benefit. Even if he/she meets with an employment injury on the very first day of his/her joining the insurable employment at the workplace, the benefit is admissible.
Benefit to Family
"38. What is the benefit admissible to the family members?"
(i) Family members are entitled to full medical care as and when needed.
(ii) Family members are entitled to artificial limbs and appliances as part of medical treatment.
(iii) The medical benefit is also admissible to the family during the period the insured person is in receipt of an unemployment allowance. If he/she dies during this period, the family continues to receive the medical benefit until the receipt of the unemployment allowance.
(iv) In case of the death of the insured employee due to employment injury, the widow, widowed mother, and children are entitled to Dependents' benefit.
(v) Funeral expenses up to Rs. 10,000/- are defrayed to any family member or person who actually incurs the expenditure on the funeral.
Accidents While Traveling in Employer's Transport
"51C. Accidents happening while traveling in employer's transport"
(1) An accident happening while an insured person is, with the express or implied permission of his employer, traveling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment if:
(a) The accident would have been deemed so to have arisen had he been under such obligation; and
(b) At the time of the accident, the vehicle:
(i) Is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) Is not being operated in the ordinary course of public transport service.
(2) In this section, "vehicle" includes a vessel and an aircraft.
Accidents While Meeting Emergency
"51D. Accidents happening while meeting an emergency"
An accident happening to an insured person in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succor, or protect persons who are, or are thought to be or possibly to be, injured or imperiled, or to avert or minimize serious damage to property.
Also, you can read more on benefits from ESI in this link: https://www.citehr.com/151734-road-a...-benefits.html.
From India, Bangalore
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1159We need more information:
1) Is it an industrial accident that happened within the precincts of the factory/workplace, outside, or while coming to duty or going home after duty?
2) Is it in the course of employment, i.e., while doing his assigned duty or otherwise?
3) Was the death caused by the injury sustained in the 'industrial accident'?
4) Did the Labour Inspector register a case of 'industrial accident death'? If so, what does his report say about it?
5) Has any claim been received from the nominees/dependents of the deceased employee?
6) Was he an 'Insured Person' (IP) and issued a photo ID card?
7) Was his ESI Contribution regularly remitted to ESIC, making him eligible for the benefits under ESI schemes?
Dependent Benefits
"36. How long is the Dependent Benefit paid, and at what rate?"
The rate of dependents' benefit is 90% of the standard benefit rate of the wages of the deceased insured person. It is apportioned among the dependents as follows:
1) Widow: Till death or remarriage at 3/5th of the full rate.
2) Widowed mother: Till death at 2/5th of the full rate.
3) Each child: 2/5th of the full rate each till he attains the age of twenty-five years.
4) Unmarried daughters: 2/5th of the full rate till they get married.
5) If the son or daughter is infirm and wholly dependent on the earnings of the insured person at the time of his death, they continue to receive the benefit even after attaining the age of 25 years/marriage as the case may be.
If the total dependents' benefit for all the dependents exceeds the full rate, the share of each of the dependents shall be proportionately reduced so that the total amount payable does not exceed the full rate. In case the deceased insured person does not leave behind any of the dependents referred to above, then his parents will get a 3/10 share, or if no parent is alive, then his paternal grandparent will get a 3/10 share of the full rate of dependent benefit.
Admissibility of Benefits for Casual or Temporary Employees
"37. Is TDB/PDB/DB also admissible if a casual or temporary employee meets with an employment injury on the very first day or any day before completing the first contribution period?"
There are no qualifying conditions or contributory conditions attached for the payment of temporary disablement benefit, permanent disablement benefit, or Dependents' benefit. Even if he/she meets with an employment injury on the very first day of his/her joining the insurable employment at the workplace, the benefit is admissible.
Benefit to Family
"38. What is the benefit admissible to the family members?"
(i) Family members are entitled to full medical care as and when needed.
(ii) Family members are entitled to artificial limbs and appliances as part of medical treatment.
(iii) The medical benefit is also admissible to the family during the period the insured person is in receipt of an unemployment allowance. If he/she dies during this period, the family continues to receive the medical benefit until the receipt of the unemployment allowance.
(iv) In case of the death of the insured employee due to employment injury, the widow, widowed mother, and children are entitled to Dependents' benefit.
(v) Funeral expenses up to Rs. 10,000/- are defrayed to any family member or person who actually incurs the expenditure on the funeral.
Accidents While Traveling in Employer's Transport
"51C. Accidents happening while traveling in employer's transport"
(1) An accident happening while an insured person is, with the express or implied permission of his employer, traveling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment if:
(a) The accident would have been deemed so to have arisen had he been under such obligation; and
(b) At the time of the accident, the vehicle:
(i) Is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) Is not being operated in the ordinary course of public transport service.
(2) In this section, "vehicle" includes a vessel and an aircraft.
Accidents While Meeting Emergency
"51D. Accidents happening while meeting an emergency"
An accident happening to an insured person in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succor, or protect persons who are, or are thought to be or possibly to be, injured or imperiled, or to avert or minimize serious damage to property.
Also, you can read more on benefits from ESI in this link: https://www.citehr.com/151734-road-a...-benefits.html.
From India, Bangalore
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Employee Coverage under ESI Scheme
This is in case the employee is not covered under the ESI scheme or has not contributed towards ESI:
Section 53 of the ESI Act, 1948, debars us from getting any compensation under any other Act(s). Section 53 may be read as follows:
53. Bar against receiving or recovery of compensation or damages under any other law. — An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
An employee whose wage/salary is up to Rs. 15,000/- is to be covered under ESI. In case of death or permanent disablement, ESI will take care of the compensation part, and there will be no need to pay compensation under the Workmen's Compensation Act since dual benefit is not allowed.
Compensation under the Employees Compensation Act, 1923
Compensation under the Employees Compensation Act, 1923, is not an accrual-based fund created by any periodical contribution from the employee over a period of time at the end of which it is to be paid back to him with interest. On the contrary, it is a definite sum of compensation to be paid by the employer to the affected employee, as defined under the Act of 1923, or his dependents on the contingency of any employment accident resulting in death or any disablement of partial or permanent nature. Therefore, no deduction from the employees towards this is permissible as this Act is applicable only to establishments and/or employees not covered by the ESI Act, 1948.
Please read more on this matter in - https://www.citehr.com/316277-employ...hile-work.html
From India, Bangalore
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This is in case the employee is not covered under the ESI scheme or has not contributed towards ESI:
Section 53 of the ESI Act, 1948, debars us from getting any compensation under any other Act(s). Section 53 may be read as follows:
53. Bar against receiving or recovery of compensation or damages under any other law. — An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
An employee whose wage/salary is up to Rs. 15,000/- is to be covered under ESI. In case of death or permanent disablement, ESI will take care of the compensation part, and there will be no need to pay compensation under the Workmen's Compensation Act since dual benefit is not allowed.
Compensation under the Employees Compensation Act, 1923
Compensation under the Employees Compensation Act, 1923, is not an accrual-based fund created by any periodical contribution from the employee over a period of time at the end of which it is to be paid back to him with interest. On the contrary, it is a definite sum of compensation to be paid by the employer to the affected employee, as defined under the Act of 1923, or his dependents on the contingency of any employment accident resulting in death or any disablement of partial or permanent nature. Therefore, no deduction from the employees towards this is permissible as this Act is applicable only to establishments and/or employees not covered by the ESI Act, 1948.
Please read more on this matter in - https://www.citehr.com/316277-employ...hile-work.html
From India, Bangalore
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