In case an employee is working in a private company as a Senior Manager and he is on a tour due to company work when he falls ill on duty resulting in death. The company does not have any policy of death compensation. How can I claim death compensation from the company and what amount should I expect? Please kindly advise.
From India, Shimla
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From India, Shimla
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Whether the employee was covered under EPF/Gratuity Act? Please provide all details regarding the employment of a deceased person. You cannot conclude that death while on official work due to illness is eligible for compensation from the company.
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From India, New Delhi
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From India, New Delhi
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Understanding Compensation Under the Employee Compensation Act
In the first case, the policy of the company does not matter. What matters in this state is whether the death falls under what is defined in the Employee Compensation Act. The act covers all cases of death or disability of all employees as long as it occurs during and in the course of employment.
In your case, it is now a question of whether the illness was in the course of employment, whether the employment and the fact that he was on a trip had anything to do with his illness, and whether it was a contributing factor to his death. If his death was due to the fact that he was on the company's business and was on a tour for the work of the company, then the act applies, and the compensation is applicable under the act irrespective of what the company's policy is.
Filing for Compensation
However, please note that the compensation under the act would be limited based on the salary ceiling, currently at Rs. 8000 per month. If you feel that the employee's family is eligible, you need to file an application for the same with the labor commissioner of the concerned office. He will evaluate the case, ask the company to respond, and finally decide on the compensation amount if applicable.
From India, Mumbai
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In the first case, the policy of the company does not matter. What matters in this state is whether the death falls under what is defined in the Employee Compensation Act. The act covers all cases of death or disability of all employees as long as it occurs during and in the course of employment.
In your case, it is now a question of whether the illness was in the course of employment, whether the employment and the fact that he was on a trip had anything to do with his illness, and whether it was a contributing factor to his death. If his death was due to the fact that he was on the company's business and was on a tour for the work of the company, then the act applies, and the compensation is applicable under the act irrespective of what the company's policy is.
Filing for Compensation
However, please note that the compensation under the act would be limited based on the salary ceiling, currently at Rs. 8000 per month. If you feel that the employee's family is eligible, you need to file an application for the same with the labor commissioner of the concerned office. He will evaluate the case, ask the company to respond, and finally decide on the compensation amount if applicable.
From India, Mumbai
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Saswata Banerjee,
Sir,
Kindly let me know if the employee is covered under PF/ESI/Gratuity Act, then will the Workman Compensation Act be applicable or not. As far as I know, if the employee is covered under ESI, then the Workman Compensation Act is not applicable. But what about non-ESI.
Thanks,
SNC, JSR
From India, Ranchi
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Sir,
Kindly let me know if the employee is covered under PF/ESI/Gratuity Act, then will the Workman Compensation Act be applicable or not. As far as I know, if the employee is covered under ESI, then the Workman Compensation Act is not applicable. But what about non-ESI.
Thanks,
SNC, JSR
From India, Ranchi
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Employee's Compensation Act-2009.pdf
THE EMPLOYEE COMPENSATION ACT.docx