Hi, I need clarity on this matter.
An employee attempted suicide by consuming a tablet and received timely treatment in the hospital. He was scheduled to be discharged 7 days after the suicide attempt. However, he fell ill again on the same day and passed away due to a heart attack in the hospital 15 days later, which was the date of the suicide attempt. The post-mortem report stated that the cause of death was a natural heart attack.
My questions are:
1. Will the employee's family be able to claim death benefits such as gratuity and insurance from the company, and why?
2. The employer mentioned health and accidental insurance in the offer letter. Is a heart attack covered under accidental insurance?
3. If a heart attack is not covered under accidental insurance and an employee dies in the company due to a heart attack, what liability does the company have, especially if there is no life insurance for employees?
4. If the employer does not provide any information to the employee's family after his death, can the family file a case against the employer? If so, what is the process for filing a case?
5. This case is based in Bangalore, and I am residing in MP (the deceased employee's family). Can I file a case against the employer from my hometown if the employer is not communicating or responding adequately?
Please provide your suggestions that will assist in resolving this situation.
From India
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An employee attempted suicide by consuming a tablet and received timely treatment in the hospital. He was scheduled to be discharged 7 days after the suicide attempt. However, he fell ill again on the same day and passed away due to a heart attack in the hospital 15 days later, which was the date of the suicide attempt. The post-mortem report stated that the cause of death was a natural heart attack.
My questions are:
1. Will the employee's family be able to claim death benefits such as gratuity and insurance from the company, and why?
2. The employer mentioned health and accidental insurance in the offer letter. Is a heart attack covered under accidental insurance?
3. If a heart attack is not covered under accidental insurance and an employee dies in the company due to a heart attack, what liability does the company have, especially if there is no life insurance for employees?
4. If the employer does not provide any information to the employee's family after his death, can the family file a case against the employer? If so, what is the process for filing a case?
5. This case is based in Bangalore, and I am residing in MP (the deceased employee's family). Can I file a case against the employer from my hometown if the employer is not communicating or responding adequately?
Please provide your suggestions that will assist in resolving this situation.
From India
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Hello there, I am answering some questions based on my knowledge.
1. Gratuity eligibility Gratuity is not dependent on whether the employee is alive or deceased; if the employee completes 5 years of service with the employer, gratuity can be claimed. In the case of the employee's death, the nominee can receive the gratuity. Therefore, in your situation, please verify if the employee has served for 5 years or more.
2. Insurance claims Regarding insurance: if your company is affiliated with a private insurance provider, refer to the insurance manual for details on how the employee's family can make a claim. If not, consider the Employee State Insurance (ESI). If the employee is covered by ESI, their family can claim death benefits through ESI. In both scenarios, the employer acts as a third party for signatures and approvals.
3. Health and safety clause Some companies may include a health and safety clause in the offer letter. This provision applies if an employee dies within the office premises due to a machine or employer-related accident. In your case, it seems these conditions may not be relevant.
For the 4th and 5th questions, I am unsure of what you are inquiring about. However, from what I gather, if the employee's death is linked to the employer, you have the right to claim compensation or take legal action against the employer. If the post-mortem report indicates a natural cause of death, there may be limited recourse. If the employer offers a death fund within the company, they may provide financial assistance.
I hope this clarifies the information for you.
From India, Hyderabad
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311. Gratuity eligibility Gratuity is not dependent on whether the employee is alive or deceased; if the employee completes 5 years of service with the employer, gratuity can be claimed. In the case of the employee's death, the nominee can receive the gratuity. Therefore, in your situation, please verify if the employee has served for 5 years or more.
2. Insurance claims Regarding insurance: if your company is affiliated with a private insurance provider, refer to the insurance manual for details on how the employee's family can make a claim. If not, consider the Employee State Insurance (ESI). If the employee is covered by ESI, their family can claim death benefits through ESI. In both scenarios, the employer acts as a third party for signatures and approvals.
3. Health and safety clause Some companies may include a health and safety clause in the offer letter. This provision applies if an employee dies within the office premises due to a machine or employer-related accident. In your case, it seems these conditions may not be relevant.
For the 4th and 5th questions, I am unsure of what you are inquiring about. However, from what I gather, if the employee's death is linked to the employer, you have the right to claim compensation or take legal action against the employer. If the post-mortem report indicates a natural cause of death, there may be limited recourse. If the employer offers a death fund within the company, they may provide financial assistance.
I hope this clarifies the information for you.
From India, Hyderabad
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