Respected Sir,
I am a senior citizen man. My younger son had an accident at a steel-making company while working and unfortunately passed away. He had been working with that company for the last 3 years and 6 months as an engineer, earning a salary of more than $25,000. The company has a group accidental insurance policy, and I have submitted all the necessary documents for the death claim. However, the company is requesting that I provide an affidavit in court stating that I will not make any further claims beyond the group accidental insurance claim. I am unsure if this is a fair practice. What should I do? Can you kindly suggest a course of action? Additionally, I am wondering if I may expect additional compensation as my son was the main provider for my family.
Regards,
Harihar Prasad
From United States, Columbus
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1I am a senior citizen man. My younger son had an accident at a steel-making company while working and unfortunately passed away. He had been working with that company for the last 3 years and 6 months as an engineer, earning a salary of more than $25,000. The company has a group accidental insurance policy, and I have submitted all the necessary documents for the death claim. However, the company is requesting that I provide an affidavit in court stating that I will not make any further claims beyond the group accidental insurance claim. I am unsure if this is a fair practice. What should I do? Can you kindly suggest a course of action? Additionally, I am wondering if I may expect additional compensation as my son was the main provider for my family.
Regards,
Harihar Prasad
From United States, Columbus
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Dear Sir,
You can bring the case before the Regional Factory Director regarding the same. I am confident that you will receive a fair amount through the EC Act. I advise you not to provide any affidavit. You will receive ECA Compensation + Group Accidental Insurance.
From India, Pune
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You can bring the case before the Regional Factory Director regarding the same. I am confident that you will receive a fair amount through the EC Act. I advise you not to provide any affidavit. You will receive ECA Compensation + Group Accidental Insurance.
From India, Pune
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The company is liable to pay you compensation as per the WC Act. If your expectation of compensation is significantly different from what the company is ready to pay, you should go through the labor commissioner. The company's approach is more like an "out of court settlement" and would ensure a speedy payout. There is nothing wrong with it. You are not entitled to both WC and GPA claims.
From India, Ghaziabad
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From India, Ghaziabad
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Dear Shri Harihar Prasad Ji,
Please accept heartfelt condolences from me, Sir. Certain things are not in our hands.
It seems the company wants to settle the legal dues only with a claim under Group Accidental Insurance and has deprived you of other legal dues payable to you. That is the reason the company is asking you to sign the affidavit.
Your deceased son was covered under Group Accidental Insurance. The claim under it is the right of the nominee/legal heir. Apart from that, the company is liable to pay the following legal dues:
1. Unpaid salary till the date of death, if any;
2. Leave encashment;
3. Settlement of PF dues, pension, and IF under it, if a member of PF;
4. Gratuity; and
5. Compensation under EC Act.
A claim under GAI is not a substitute for the Compensation under EC Act.
Your son worked with the company for, I suppose, 3 years & 6 months. If the company has GGS and there is insurance cover, you will get a good amount of Gratuity. Else, you are entitled to Gratuity for 4 years.
To get your claim, you are advised to first write to the company and approach the Labour Commissioner and Factory Inspector. You can also approach the Senior Citizen Cell in your region. They will help you.
Can I know the name and address of the company? You can contact me anytime on my cell 9820116383.
From India, Mumbai
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Please accept heartfelt condolences from me, Sir. Certain things are not in our hands.
It seems the company wants to settle the legal dues only with a claim under Group Accidental Insurance and has deprived you of other legal dues payable to you. That is the reason the company is asking you to sign the affidavit.
Your deceased son was covered under Group Accidental Insurance. The claim under it is the right of the nominee/legal heir. Apart from that, the company is liable to pay the following legal dues:
1. Unpaid salary till the date of death, if any;
2. Leave encashment;
3. Settlement of PF dues, pension, and IF under it, if a member of PF;
4. Gratuity; and
5. Compensation under EC Act.
A claim under GAI is not a substitute for the Compensation under EC Act.
Your son worked with the company for, I suppose, 3 years & 6 months. If the company has GGS and there is insurance cover, you will get a good amount of Gratuity. Else, you are entitled to Gratuity for 4 years.
To get your claim, you are advised to first write to the company and approach the Labour Commissioner and Factory Inspector. You can also approach the Senior Citizen Cell in your region. They will help you.
Can I know the name and address of the company? You can contact me anytime on my cell 9820116383.
From India, Mumbai
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The above case seems to be posted from the USA. If the accident occurred in the USA and the company is also based in the USA, then the Employee Compensation Act (EC Act) will not apply. Instead, there may be local laws that would be applicable. American courts are very strict when it comes to compensating for accidental deaths, especially in cases involving negligence.
Please provide clarification on the above.
From India, Mumbai
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Please provide clarification on the above.
From India, Mumbai
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Dear Saswata ji, I do not feel that in America any company will deny your right and take such affidavit. Morever the salary is not mentioned in dollar. It is Indian case only.
From India, Mumbai
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From India, Mumbai
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Good morning.
I was going by the stated location. The salary is mentioned, but not in rupees or dollars, so we need to wait for the poster to confirm. However, I don't think American companies are saints. Many of them are worse than our Indian employers.
From India, Mumbai
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I was going by the stated location. The salary is mentioned, but not in rupees or dollars, so we need to wait for the poster to confirm. However, I don't think American companies are saints. Many of them are worse than our Indian employers.
From India, Mumbai
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You will get benefits under both policies as it is mandatory for every company falling under the Factories Act to obtain Group Personal Accident (GPA) & Workers' Compensation (WC) policies for their employees.
The death benefit under GPA & WC should be provided to you. The company's HR department should assist you in claiming from the insurance company. If they are not fulfilling this responsibility, you can approach the Regional Labour Commissioner.
From India, Belgaum
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The death benefit under GPA & WC should be provided to you. The company's HR department should assist you in claiming from the insurance company. If they are not fulfilling this responsibility, you can approach the Regional Labour Commissioner.
From India, Belgaum
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I have a similar case. One of my brothers-in-law was working in Bahrain on behalf of an Indian company, Bramco India Pvt. Ltd., from 16 Feb 2004 to 30 March 2006. He died in a boat tragedy off the coast of Bahrain during a Nass, Murray, and Roberts party to celebrate the completion of concreting work at the Bahrain World Trade Centre. A total of 58 persons died in that tragedy, including his wife. However, no compensation was paid to his parents by either the company he was working for or the boat company that capsized.
Please advise if she can send a notice for compensation now, as this case is more than 7 years old.
From India, New Delhi
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Please advise if she can send a notice for compensation now, as this case is more than 7 years old.
From India, New Delhi
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Dear Harihar Prasad Sir,
Regarding compensation, there is a separate court called a "WC" court, which means Workmen Compensation Court. It operates under the "Workmen Compensation Act." Now, the Act has changed to the "Employees Compensation Act." My suggestion is not to give any affidavit to the company. Instead, file a complaint against the company through the proper channels with the "Employees Compensation Commissioner."
From United States, San Jose
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Regarding compensation, there is a separate court called a "WC" court, which means Workmen Compensation Court. It operates under the "Workmen Compensation Act." Now, the Act has changed to the "Employees Compensation Act." My suggestion is not to give any affidavit to the company. Instead, file a complaint against the company through the proper channels with the "Employees Compensation Commissioner."
From United States, San Jose
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Dear Asrovastava1975,
Injury or death due to an accident arising out of and in the course of employment, the master is liable. This is universal law. Therefore, the family members of victims are entitled to get compensation.
The case is now time-barred. But it is still advised to approach a good advocate. It is also advised to approach the Central Labour Ministry and opposition leaders in Parliament. If all the victims are Indian, families of all 58 victims should unite; the Government has to do something. The victims were employed by an Indian Company, and the accident took place in Bahrain; International Law also involves in this case.
From India, Mumbai
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Injury or death due to an accident arising out of and in the course of employment, the master is liable. This is universal law. Therefore, the family members of victims are entitled to get compensation.
The case is now time-barred. But it is still advised to approach a good advocate. It is also advised to approach the Central Labour Ministry and opposition leaders in Parliament. If all the victims are Indian, families of all 58 victims should unite; the Government has to do something. The victims were employed by an Indian Company, and the accident took place in Bahrain; International Law also involves in this case.
From India, Mumbai
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Our friend from Belgaum has said that it is mandatory to have GPA and WC policy.Can he provide the Act/Rules under which it is mandatory? Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Friends,
Since the salary is around Rs. 25,000, the company might have exempted this person from PF and also from ESI. The service is 3 years and 6 months, and he may not get the gratuity.
However, if he died while working, it would be better to lodge a complaint with the nearby police station and take necessary legal action against the criminal procedure. Many of these companies try to exploit people, and even their legal advisors go along with them. This has been my experience.
Thanks and Regards,
J. Narayanan
From India, Madras
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Since the salary is around Rs. 25,000, the company might have exempted this person from PF and also from ESI. The service is 3 years and 6 months, and he may not get the gratuity.
However, if he died while working, it would be better to lodge a complaint with the nearby police station and take necessary legal action against the criminal procedure. Many of these companies try to exploit people, and even their legal advisors go along with them. This has been my experience.
Thanks and Regards,
J. Narayanan
From India, Madras
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J. Narayanan,
The court will decide whether he was working in a managerial position or not. Many companies hire engineers for routine work in the company. In my opinion, he was entitled to receive all benefits applicable to the factory.
Secondly, as per the Gratuity Act, in the case of death, the completion of 5 years of service is not required. Therefore, he is entitled to receive gratuity benefits.
R.A. Lawande
From United States, San Jose
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The court will decide whether he was working in a managerial position or not. Many companies hire engineers for routine work in the company. In my opinion, he was entitled to receive all benefits applicable to the factory.
Secondly, as per the Gratuity Act, in the case of death, the completion of 5 years of service is not required. Therefore, he is entitled to receive gratuity benefits.
R.A. Lawande
From United States, San Jose
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Dear Srivastava Sir,
Parents of your brother-in-law cannot legally claim compensation since the accident did not arise out of or occur during employment. However, they can benefit from the Group Accident Insurance Scheme if the deceased was enrolled in the scheme.
From India, Bokaro
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Parents of your brother-in-law cannot legally claim compensation since the accident did not arise out of or occur during employment. However, they can benefit from the Group Accident Insurance Scheme if the deceased was enrolled in the scheme.
From India, Bokaro
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Dear mmsmnk, Can you please justify your above statement? Why you say the accident has not arisen out of and in the course of employment?
From India, Mumbai
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From India, Mumbai
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Dear mmsmnk,
He was at a party organized by his company to celebrate the completion of concreting work at the Bahrain World Trade Centre. The boat was hired by his company, which capsized (due to overload - this is another case for which the captain of the boat and the owner were booked, and the captain was jailed for 3 years). So, as per my understanding, this was part of his job.
From India, New Delhi
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He was at a party organized by his company to celebrate the completion of concreting work at the Bahrain World Trade Centre. The boat was hired by his company, which capsized (due to overload - this is another case for which the captain of the boat and the owner were booked, and the captain was jailed for 3 years). So, as per my understanding, this was part of his job.
From India, New Delhi
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Dear Mr. Keshav Korgaonkar:
Would appreciate if you guide me how to take this further. His parents didn't make any claim at that time as they were in utter shock and we came to know about this recently during an informal chat with his mother. His father also passed away in September 2006. I feel this is her right to get compensated and it should not be held against her that she didn’t fill for compensation earlier. It was the duty of their Son’s employer also to take care of his ailing parents by adequately compensating for the loss of their child.
Total of 17 persons died in that accident including my Sister in Law
From India, New Delhi
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Would appreciate if you guide me how to take this further. His parents didn't make any claim at that time as they were in utter shock and we came to know about this recently during an informal chat with his mother. His father also passed away in September 2006. I feel this is her right to get compensated and it should not be held against her that she didn’t fill for compensation earlier. It was the duty of their Son’s employer also to take care of his ailing parents by adequately compensating for the loss of their child.
Total of 17 persons died in that accident including my Sister in Law
From India, New Delhi
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Total of 17 persons died in that accident including my Brother in Law and his wife.
From India, New Delhi
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From India, New Delhi
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Total of 17 Indians died in that accident including my Brother in Law and his wife. (Sorry for my earlier incomplete comment)
From India, New Delhi
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From India, New Delhi
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Dear Varghese ji,
Why do you feel that the EC Act is not applicable in this case? Can you please enlighten me on it?
The definition of workmen under the EC Act includes master seamen or other members of the crew of a ship. There are special provisions in section 15 relating to masters and seamen. Therefore, in my view, the employer is liable. However, the case is now time-barred, as I mentioned earlier.
From India, Mumbai
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Why do you feel that the EC Act is not applicable in this case? Can you please enlighten me on it?
The definition of workmen under the EC Act includes master seamen or other members of the crew of a ship. There are special provisions in section 15 relating to masters and seamen. Therefore, in my view, the employer is liable. However, the case is now time-barred, as I mentioned earlier.
From India, Mumbai
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Dear Srivastava ji,
To better understand your case by all the members, I summarize it as follows:
Your brother-in-law was employed by Bramco India Pvt. Ltd. but was posted in Bahrain.
He died in an accident in Bahrain during a party organized by his company on a boat hired by the company.
The boat was overloaded, leading to the accident.
A total of 58 persons died in the accident, including your brother-in-law and his wife.
I hope the above summary is correct.
Now, I have the following questions for you:
1. Were the other 56 persons who died in the accident employees of the company?
2. Were they Indians?
3. Has any compensation been paid to them by the company or the owner of the boat?
4. If not, what action has been taken?
I initially understood your case differently. Your brother-in-law was not employed on the ship.
The accident occurred in a foreign country, involving international law.
Though the case is time-barred now, you are advised to seek expert advice and take immediate steps accordingly.
If the other victims were Indian and their families have not received any compensation from the company or the owner of the boat, please find out the contacts of the families and make a joint representation.
Other members are requested to comment on this.
From India, Mumbai
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To better understand your case by all the members, I summarize it as follows:
Your brother-in-law was employed by Bramco India Pvt. Ltd. but was posted in Bahrain.
He died in an accident in Bahrain during a party organized by his company on a boat hired by the company.
The boat was overloaded, leading to the accident.
A total of 58 persons died in the accident, including your brother-in-law and his wife.
I hope the above summary is correct.
Now, I have the following questions for you:
1. Were the other 56 persons who died in the accident employees of the company?
2. Were they Indians?
3. Has any compensation been paid to them by the company or the owner of the boat?
4. If not, what action has been taken?
I initially understood your case differently. Your brother-in-law was not employed on the ship.
The accident occurred in a foreign country, involving international law.
Though the case is time-barred now, you are advised to seek expert advice and take immediate steps accordingly.
If the other victims were Indian and their families have not received any compensation from the company or the owner of the boat, please find out the contacts of the families and make a joint representation.
Other members are requested to comment on this.
From India, Mumbai
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Section 15 is applicable to employees who are masters of a ship and seamen. In this case, the deceased was not the master or a seaman of any ship. He died in an accident that happened to a boat hired by his employer for a purpose which was not out of employment. The data is inadequate to prove whether he meets the definition of an employee under the Act.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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Dear Mr. Prasadji,
What was the cause of the accident? You can file a criminal case against the company for causing death by negligence by filing a police complaint within the factory's jurisdiction. Also, contact the union leaders of the steel company to settle claims as per your requirements through negotiation. If needed, you can demonstrate in front of the factory gate demanding justice. In my opinion, the company has to pay compensation at least equivalent to the lifetime salary that would have been earned by your son.
Best regards,
BS Gopala Krishna
Email: bskrishnagopala@gmail.com
From India, Bangalore
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What was the cause of the accident? You can file a criminal case against the company for causing death by negligence by filing a police complaint within the factory's jurisdiction. Also, contact the union leaders of the steel company to settle claims as per your requirements through negotiation. If needed, you can demonstrate in front of the factory gate demanding justice. In my opinion, the company has to pay compensation at least equivalent to the lifetime salary that would have been earned by your son.
Best regards,
BS Gopala Krishna
Email: bskrishnagopala@gmail.com
From India, Bangalore
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Dear Gopala krishna ji, Oxygen pipe was blast during working in company at eleventh hour. he was working as a officer(Engineer) in the company.
From United States, Columbus
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From United States, Columbus
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Dear saswatabanerjee, The accident had happened in India. This case is not belongs to USA.
From United States, Columbus
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From United States, Columbus
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Oh, ok.
The location of your posts is showing as USA, so I thought you are based in the USA.
Many companies provide group insurance paid by the company as a means of covering the risk of liability under the Employee Compensation Act (the act was earlier called Workman Compensation Act, name changed with a definition to cover not only workers but all employees of the company). These group insurance covers are called WC Insurance, though they are actually a form of group accident cover.
I do not know the details of the cover taken by your company. So, I cannot comment on whether it is WC insurance (which is now mandated by law) or a pure group accident cover. Irrespective of how the cover is designed, you are entitled to full compensation under EC act.
I would suggest you go to the labor office with all details and documents and explain to the chief commissioner or whoever is the authority on the matter. He will be able to tell you the amount of compensation you are entitled to. There is a form you can fill and give him officially lodging a claim of compensation. The commissioner will then initiate an inquiry and ensure that the compensation is given to you. I understand the time limit for completing the process is 3 months to ensure there is no delay.
If you have a copy of the insurance cover, please see whether the money is due to the company or to you as the heir of your son. If the money is due to you (and not to the company), then you can directly approach the insurance company for the money independent of the process under EC act.
Hope this is of help to you.
Our seniors will correct any errors I may have made in the process above.
From India, Mumbai
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The location of your posts is showing as USA, so I thought you are based in the USA.
Many companies provide group insurance paid by the company as a means of covering the risk of liability under the Employee Compensation Act (the act was earlier called Workman Compensation Act, name changed with a definition to cover not only workers but all employees of the company). These group insurance covers are called WC Insurance, though they are actually a form of group accident cover.
I do not know the details of the cover taken by your company. So, I cannot comment on whether it is WC insurance (which is now mandated by law) or a pure group accident cover. Irrespective of how the cover is designed, you are entitled to full compensation under EC act.
I would suggest you go to the labor office with all details and documents and explain to the chief commissioner or whoever is the authority on the matter. He will be able to tell you the amount of compensation you are entitled to. There is a form you can fill and give him officially lodging a claim of compensation. The commissioner will then initiate an inquiry and ensure that the compensation is given to you. I understand the time limit for completing the process is 3 months to ensure there is no delay.
If you have a copy of the insurance cover, please see whether the money is due to the company or to you as the heir of your son. If the money is due to you (and not to the company), then you can directly approach the insurance company for the money independent of the process under EC act.
Hope this is of help to you.
Our seniors will correct any errors I may have made in the process above.
From India, Mumbai
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Dear ASrivastava,
Though the company organized the party, it is a debatable point under the law whether this can be considered for compensation. However, you can take up your case with the company through the appropriate channel.
From India, Bokaro
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Though the company organized the party, it is a debatable point under the law whether this can be considered for compensation. However, you can take up your case with the company through the appropriate channel.
From India, Bokaro
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Sir,
Generally, companies will receive payment as per the workmen's compensation award given by the Joint Commissioner of Labour. After that, the employer will receive the GPA insurance amount from the insurance company. If the GPA amount exceeds the workmen's compensation award, the balance amount will also be paid to the nominee and children of the deceased.
Please inform in writing the Commissioner of Labour, Director of Factories, District Collector, and send a copy to the employer. All the appropriate authorities will assist you in this regard.
L. S. RAO
From India, Vijayawada
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Generally, companies will receive payment as per the workmen's compensation award given by the Joint Commissioner of Labour. After that, the employer will receive the GPA insurance amount from the insurance company. If the GPA amount exceeds the workmen's compensation award, the balance amount will also be paid to the nominee and children of the deceased.
Please inform in writing the Commissioner of Labour, Director of Factories, District Collector, and send a copy to the employer. All the appropriate authorities will assist you in this regard.
L. S. RAO
From India, Vijayawada
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Sir,
If the accident occurred in India, then the appropriate authorities will come into the picture (Department of Labour, Factories Department & District Collector). Please specify where the accident occurred (India or Abroad).
Regards,
L S RAO
From India, Vijayawada
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If the accident occurred in India, then the appropriate authorities will come into the picture (Department of Labour, Factories Department & District Collector). Please specify where the accident occurred (India or Abroad).
Regards,
L S RAO
From India, Vijayawada
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Dear All,
In each country, a Human Rights Commission is located. Visit the local Human Rights Commission office either in America or in Bahrain, understand the local laws and procedures, then go through the Labour Commissioner or Labour Department. Furthermore, an Indian Embassy may also be located. Seek their assistance to understand the local laws in addition to what Mr. L. Ramesh had stated.
From India, Bangalore
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In each country, a Human Rights Commission is located. Visit the local Human Rights Commission office either in America or in Bahrain, understand the local laws and procedures, then go through the Labour Commissioner or Labour Department. Furthermore, an Indian Embassy may also be located. Seek their assistance to understand the local laws in addition to what Mr. L. Ramesh had stated.
From India, Bangalore
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Dear Varghese ji, What you said is correct. Initially I was misunderstood. Latter on I summarised the whole matter as under:
From India, Mumbai
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From India, Mumbai
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Dear friends,
The tragic employment accident mentioned by Mr. Harihar Prasad is still not clear whether it is a case of a fatal accident to an Indian employee while employed abroad or in India. However, the accident mentioned by Mr. Srivatsava is clearly a case of a fatal accident to an Indian employee employed by a company registered in India while working abroad. Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act, 1923, I share my viewpoints in respect of both cases as follows:
Section 15-B of the E.C Act, 1923 provides for special provisions relating to workmen abroad of companies and motor vehicles. Other things remaining the same or similar:
(1) The first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2) The notice of the accident and the claim for compensation may be served on the local agent of the company in the country of the accident.
(3) Ordinarily, in the case of the death of the workman in respect of whom the provisions of Section 15-B are applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant. However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence, a claim can be preferred by the dependents of the victim of the Bahrain employment accident even now.
Regarding Mr. Harihar Prasad's case, I fully endorse the views of Mr. Korgaonkar. If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier.
From India, Salem
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The tragic employment accident mentioned by Mr. Harihar Prasad is still not clear whether it is a case of a fatal accident to an Indian employee while employed abroad or in India. However, the accident mentioned by Mr. Srivatsava is clearly a case of a fatal accident to an Indian employee employed by a company registered in India while working abroad. Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act, 1923, I share my viewpoints in respect of both cases as follows:
Section 15-B of the E.C Act, 1923 provides for special provisions relating to workmen abroad of companies and motor vehicles. Other things remaining the same or similar:
(1) The first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2) The notice of the accident and the claim for compensation may be served on the local agent of the company in the country of the accident.
(3) Ordinarily, in the case of the death of the workman in respect of whom the provisions of Section 15-B are applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant. However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence, a claim can be preferred by the dependents of the victim of the Bahrain employment accident even now.
Regarding Mr. Harihar Prasad's case, I fully endorse the views of Mr. Korgaonkar. If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier.
From India, Salem
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Dear Umakanthan, The accident had happened in India and employed in India by an Indian company. The accident was happened during working. Regards, Harihar Prasad
From United States, Columbus
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From United States, Columbus
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Dear Hari Prasadji,
As the dependent parents of your deceased son, your wife and you are entitled to compensation under the Employees Compensation Act, 1923, in addition to the proceeds of the Personal Accident Insurance and gratuity under the Payment of Gratuity Act, 1972. It would be advisable to engage a Counsel experienced in labor matters. They will guide you properly and make all the necessary arrangements.
Good luck to you!
From India, Salem
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As the dependent parents of your deceased son, your wife and you are entitled to compensation under the Employees Compensation Act, 1923, in addition to the proceeds of the Personal Accident Insurance and gratuity under the Payment of Gratuity Act, 1972. It would be advisable to engage a Counsel experienced in labor matters. They will guide you properly and make all the necessary arrangements.
Good luck to you!
From India, Salem
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Dear Harihar Prasad ji,
I once again reiterate that the employer is wrong in settling all your dues, including the claim under the EC Act, against the amount receivable under the GAP claim. Apart from the amount under the GAP claim, the company is liable to pay you compensation under the EC Act. However, if it is mentioned in the schedule of the GAI policy that the claim under this policy will discharge the employer's liability under the EC Act, in this case, the employer is right in settling the claim of the EC Act under the claim of GAI.
I remember having seen nearly 5-6 years back such a Group Insurance policy discharging the employer from liability under the WC Act. There are many private insurance companies, and they offer various kinds of products as per the need and charge premiums accordingly. You need to see the schedule of the policy and confirm that the said policy does not discharge the employer from the claim under EC and proceed further as advised by me or Shri. Umakanthan.
The same information was conveyed to your son who telephoned me. In fact, from him, I learned that the company claims that the EC claim is settled under the GAI. Therefore, you need to confirm it from the schedule of the policy. You are advised to obtain a copy of it either from the company or from the insurance company and forward me a scan at
.
From India, Mumbai
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I once again reiterate that the employer is wrong in settling all your dues, including the claim under the EC Act, against the amount receivable under the GAP claim. Apart from the amount under the GAP claim, the company is liable to pay you compensation under the EC Act. However, if it is mentioned in the schedule of the GAI policy that the claim under this policy will discharge the employer's liability under the EC Act, in this case, the employer is right in settling the claim of the EC Act under the claim of GAI.
I remember having seen nearly 5-6 years back such a Group Insurance policy discharging the employer from liability under the WC Act. There are many private insurance companies, and they offer various kinds of products as per the need and charge premiums accordingly. You need to see the schedule of the policy and confirm that the said policy does not discharge the employer from the claim under EC and proceed further as advised by me or Shri. Umakanthan.
The same information was conveyed to your son who telephoned me. In fact, from him, I learned that the company claims that the EC claim is settled under the GAI. Therefore, you need to confirm it from the schedule of the policy. You are advised to obtain a copy of it either from the company or from the insurance company and forward me a scan at
From India, Mumbai
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Dear Mr. Prasadji,
Kindly share the following details:
- Date of Accident
- Place of Accident
- Designation of victim
- Nature of work/Duties assigned
- Where was he treated immediately after the accident
- Post-mortem report - Cause of Death
- Police Report - Cause of Death
- Name of Company & address
- Company's financial standing, Nature of business, etc.
- Name & age of Victim
- Factories Inspector's report regarding the Accident
- Any other information available with you
- Management's First Information Letter to you
BS Gopala Krishna
From India, Bangalore
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Kindly share the following details:
- Date of Accident
- Place of Accident
- Designation of victim
- Nature of work/Duties assigned
- Where was he treated immediately after the accident
- Post-mortem report - Cause of Death
- Police Report - Cause of Death
- Name of Company & address
- Company's financial standing, Nature of business, etc.
- Name & age of Victim
- Factories Inspector's report regarding the Accident
- Any other information available with you
- Management's First Information Letter to you
BS Gopala Krishna
From India, Bangalore
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Dear sir,
The company is liable to pay under the Workmen's Compensation Act of 1923 for:
1) Group Accidental Insurance
2) Unpaid salary
3) Leave encashment
4) Gratuity
5) Bonus
6) PF dues
If the company rejects settling the above statutory payments, you can file a case before the Assistant Commissioner of Labour.
Compensation calculation under the Workmen's Compensation Act of 1923 is as follows:
Age factor of the deceased employee * salary * (percentage of loss) 50/100.
Thanks & Regards,
From India, Hyderabad
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The company is liable to pay under the Workmen's Compensation Act of 1923 for:
1) Group Accidental Insurance
2) Unpaid salary
3) Leave encashment
4) Gratuity
5) Bonus
6) PF dues
If the company rejects settling the above statutory payments, you can file a case before the Assistant Commissioner of Labour.
Compensation calculation under the Workmen's Compensation Act of 1923 is as follows:
Age factor of the deceased employee * salary * (percentage of loss) 50/100.
Thanks & Regards,
From India, Hyderabad
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Dear Pankaj and Srevastav,
In both of your cases, if it is related to outside India where one may be in America and the other in Bahrain, you need to ascertain the age of the person, his salary at the time of death, and what he would have earned up to the age of 60, had he lived.
Based on the deceased's total earnings for the rest of his life up to the age of 60, you should file the claim with:
a. The Indian Embassy in the country you are located
b. The Labour head of the country where the deceased worked
c. The human rights commission of the country where the deceased worked
Later, if you have not received the proper claim, you can challenge the orders of the above authorities in the appropriate court of law in that country. In other words, you should first decide what the appropriate claim is in consultation with local authorities or an advocate.
Mr. Srevastav mentioned that in Bahrain, no compensation is paid even after 7 years. Try to make a claim by sending the documents directly from India and through the Indian Embassy. Since nothing has been done in the last 7 years, I don't know what can be done now, but you can still try.
If the accident occurred in India, the suggestions have already been provided and the same could be implemented.
Have a wonderful day.
From India, Bangalore
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In both of your cases, if it is related to outside India where one may be in America and the other in Bahrain, you need to ascertain the age of the person, his salary at the time of death, and what he would have earned up to the age of 60, had he lived.
Based on the deceased's total earnings for the rest of his life up to the age of 60, you should file the claim with:
a. The Indian Embassy in the country you are located
b. The Labour head of the country where the deceased worked
c. The human rights commission of the country where the deceased worked
Later, if you have not received the proper claim, you can challenge the orders of the above authorities in the appropriate court of law in that country. In other words, you should first decide what the appropriate claim is in consultation with local authorities or an advocate.
Mr. Srevastav mentioned that in Bahrain, no compensation is paid even after 7 years. Try to make a claim by sending the documents directly from India and through the Indian Embassy. Since nothing has been done in the last 7 years, I don't know what can be done now, but you can still try.
If the accident occurred in India, the suggestions have already been provided and the same could be implemented.
Have a wonderful day.
From India, Bangalore
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In both cases, you can also file a claim with their registered company in India and the Commissioner of Labour of the state where you reside. Since the other death is not in America, as misunderstood, you should file your claim as advised by Umakanthan.M, Additional Commissioner of Labour (RTD), and other members: Vivian Chandrashekar, Advocate, and Management Consultant.
Contact details:
Phone: 9916138191
Email: advocatevivian@gmail.com
From India, Bangalore
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Contact details:
Phone: 9916138191
Email: advocatevivian@gmail.com
From India, Bangalore
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