Dear Lalitha,
I am sorry to say this, but your HR practices appear to be very poor and a bit callous. When an employee dies, the HR executive should not rest until the family receives all the benefits under the law, and if possible, some additional special benefits from the company and insurance, if applicable. I find that you are not providing full information, and without correct information, any reply you receive will only confuse the issue. Now, please collect the following information:
1. Date and time of the accident
2. Exact nature of the accident
3. Was he on duty when the accident occurred (it is not the same as him being on the company's payroll, but whether he was actually on duty at that point in time?)
4. Was he traveling in a company vehicle or a vehicle authorized by the company?
5. Was he in uniform, with a company identity card and any other document in his possession showing that he was on duty?
6. Any FIR and scene mahzar made by the police. What is stated in the FIR? If the scene mahzar and list of property on his body were made, does it show his uniform, company identity card, and other documents to prove he was on duty?
7. Could you obtain a letter from your customer stating that he left their place before the accident after attending company work, or that he was expected to come for company work?
If the answers to the above questions can prove that the deceased employee was on company work at the specific time of the accident, and this can be established by the documents as mentioned above, his family will receive a death benefit of approximately 70% of his salary for life, which will also be increased based on inflation. This is an important cash benefit for the widow and children, so do not lose out on this. In addition, they can receive an insurance benefit of about $60,000 for EPF, pension from EPF, funeral expenses of $3,000 from ESIC, and his EPF contribution with interest. For ESI death benefit on account of employment-related death, there is no qualifying period of employment, which means if a person dies on the first day of employment due to an accident in the course of and out of employment, his family will receive benefits.
Please feel free to contact me for further information at oahamid@yahoo.com. My advice will be free.
O. Abdul Hameed
From India, Coimbatore
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56I am sorry to say this, but your HR practices appear to be very poor and a bit callous. When an employee dies, the HR executive should not rest until the family receives all the benefits under the law, and if possible, some additional special benefits from the company and insurance, if applicable. I find that you are not providing full information, and without correct information, any reply you receive will only confuse the issue. Now, please collect the following information:
1. Date and time of the accident
2. Exact nature of the accident
3. Was he on duty when the accident occurred (it is not the same as him being on the company's payroll, but whether he was actually on duty at that point in time?)
4. Was he traveling in a company vehicle or a vehicle authorized by the company?
5. Was he in uniform, with a company identity card and any other document in his possession showing that he was on duty?
6. Any FIR and scene mahzar made by the police. What is stated in the FIR? If the scene mahzar and list of property on his body were made, does it show his uniform, company identity card, and other documents to prove he was on duty?
7. Could you obtain a letter from your customer stating that he left their place before the accident after attending company work, or that he was expected to come for company work?
If the answers to the above questions can prove that the deceased employee was on company work at the specific time of the accident, and this can be established by the documents as mentioned above, his family will receive a death benefit of approximately 70% of his salary for life, which will also be increased based on inflation. This is an important cash benefit for the widow and children, so do not lose out on this. In addition, they can receive an insurance benefit of about $60,000 for EPF, pension from EPF, funeral expenses of $3,000 from ESIC, and his EPF contribution with interest. For ESI death benefit on account of employment-related death, there is no qualifying period of employment, which means if a person dies on the first day of employment due to an accident in the course of and out of employment, his family will receive benefits.
Please feel free to contact me for further information at oahamid@yahoo.com. My advice will be free.
O. Abdul Hameed
From India, Coimbatore
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Dear Sir,
I had a road accident in which a Sumo Car hit my bike. Actually, I was driving with a passenger on my bike on one side of the lane, and the road had no divider. On the other lane, a Sumo car entered my lane and collided with me and my friend. Both my friend and I broke our right legs. After the accident, the police were informed, and we were later taken to the hospital. I was operated on in a private hospital, and the other was operated on in a BMC hospital (he does not have ESIC). We had to rest in bed for six months.
Now, please advise us on the benefits we are supposed to receive. We did not receive any guidance regarding this matter.
Regards,
Jitendra Desai
From India, Nagpur
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I had a road accident in which a Sumo Car hit my bike. Actually, I was driving with a passenger on my bike on one side of the lane, and the road had no divider. On the other lane, a Sumo car entered my lane and collided with me and my friend. Both my friend and I broke our right legs. After the accident, the police were informed, and we were later taken to the hospital. I was operated on in a private hospital, and the other was operated on in a BMC hospital (he does not have ESIC). We had to rest in bed for six months.
Now, please advise us on the benefits we are supposed to receive. We did not receive any guidance regarding this matter.
Regards,
Jitendra Desai
From India, Nagpur
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