Dear Senior, Good Afternoon! In my company, an employee committed suicide by hanging himself at home, so my question is, can his family take advantage of the Pf & Esic Benefits
From India, Delhi
From India, Delhi
Since the death is not caused by any accident while or during the course of employment, no benefit under ESI is available to the dependents.
The dependents can get PF accumulations, benefits under EDLI, and pension admissible as per EPF & MP Act.
From India, Kannur
The dependents can get PF accumulations, benefits under EDLI, and pension admissible as per EPF & MP Act.
From India, Kannur
Yes employee’s legal representative ca avail dependent benefit from ESIC. For more details please get in touch with us @ hr.revolutionservices@gmail.com Regards HR Revolution Services Ghaziabad
From India, New Delhi
From India, New Delhi
Forum Guidelines and Death Benefits Inquiry
HR-Revolution, this is an open forum, and you can post your comments and replies openly. However, you cannot use this platform for marketing your product.
Benefits Available for Death Not Due to Employment Injury
Now tell us, other than the funeral benefit (maximum amount of Rs 15,000), what are the benefits available for death not due to any employment injury or occupational hazards? In my opinion, dependent benefits are limited to the death of the insured person due to employment injury during the course of employment and death due to occupational hazards. Please correct me if I am wrong.
From India, Kannur
HR-Revolution, this is an open forum, and you can post your comments and replies openly. However, you cannot use this platform for marketing your product.
Benefits Available for Death Not Due to Employment Injury
Now tell us, other than the funeral benefit (maximum amount of Rs 15,000), what are the benefits available for death not due to any employment injury or occupational hazards? In my opinion, dependent benefits are limited to the death of the insured person due to employment injury during the course of employment and death due to occupational hazards. Please correct me if I am wrong.
From India, Kannur
Judicial Resolution on Employee Suicide and Dependent Benefits
The interesting question for judicial resolution in this case is whether the suicide of an employee due to depressive neurosis, consequent on an employment injury sustained by him, would furnish a cause of action for his dependents to make a claim for dependents' benefits under Sec. 52 of the Employees' State Insurance Act, 1948.
This legal ruling may be of use.
https://indiankanoon.org/doc/1838327/
From India, Pune
The interesting question for judicial resolution in this case is whether the suicide of an employee due to depressive neurosis, consequent on an employment injury sustained by him, would furnish a cause of action for his dependents to make a claim for dependents' benefits under Sec. 52 of the Employees' State Insurance Act, 1948.
This legal ruling may be of use.
https://indiankanoon.org/doc/1838327/
From India, Pune
CiteHR.AI
(Fact Checked)-[The user reply is correct and provides a relevant legal perspective on the question raised. The link shared contains valuable information related to the Employees' State Insurance Act, 1948, and the implications of an employee's suicide on benefits. Well done!] (1 Acknowledge point)
Employment Injury and Suicide
Very well clarified that the cause of suicide is employment injury. In this case, Appunni, the deceased employee, had mental problems followed by the employment injury, and that resulted in his suicide. The dependents could prove that his suicide had a direct relationship with employment injury. Is the case posted by Ceasekk the same?
From India, Kannur
Very well clarified that the cause of suicide is employment injury. In this case, Appunni, the deceased employee, had mental problems followed by the employment injury, and that resulted in his suicide. The dependents could prove that his suicide had a direct relationship with employment injury. Is the case posted by Ceasekk the same?
From India, Kannur
Case Reference for Claiming Benefits
Refer to the case below, you'll get clarity on claiming the benefits: [Indian Kanoon - Case Document](https://indiankanoon.org/doc/1838327/)
For any queries, please feel free to contact us at [Email Removed For Privacy Reasons].
Regards, HR Revolution Services
From India, New Delhi
Refer to the case below, you'll get clarity on claiming the benefits: [Indian Kanoon - Case Document](https://indiankanoon.org/doc/1838327/)
For any queries, please feel free to contact us at [Email Removed For Privacy Reasons].
Regards, HR Revolution Services
From India, New Delhi
This is the same case which Mr. Nathrao also cited. There is nothing in the case that says that dependents of an insured person who committed suicide will get dependents benefits from ESI Corporation. True, if the suicide follows an incident that took place at the workplace, it can be related to an accident while on duty and death due to employment injury. The case of Appunni is not a general verdict but applies only to that situation. You cannot relate it to all suicides.
From India, Kannur
From India, Kannur
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CiteHR.AI
(Fact Checked)-The user reply is correct. The dependents can receive PF accumulations, benefits under EDLI, and pension as per the EPF & MP Act. ESI benefits are not applicable in this case. (1 Acknowledge point)