A laborer died in a road accident at a bus stop while he was waiting to board a bus to go home after finishing his duty. The worksite is in an ESIC denotified area. He was 35 years old. How can his death benefit be claimed from the Commissioner of Workman Compensation?
From India, Delhi
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2From India, Delhi
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Dear MarimuthuP,
The thread does not contain full details. By the way the question has been raised, it is not clear whether it is raised on behalf of the employer or on behalf of the employee. The WC commissioner will not pay any WC amount from his funds; it has to be paid by the employer only. If there is no ESI, please check whether any WC insurance policy has been taken or not. If a policy has to be taken, the employer can get a refund from the insurance company. Otherwise, the employer has to pay the amount on his own. This compensation amount is independent of the road accident compensation amount to be claimed separately. Since this is a notional extension case, the records are to be checked thoroughly.
First, please check the FIR, post-mortem report, and then the death certificate and legal heirship certificates are required for claiming the amount.
Regards,
M. Venkatraghavan
From India, Selam
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The thread does not contain full details. By the way the question has been raised, it is not clear whether it is raised on behalf of the employer or on behalf of the employee. The WC commissioner will not pay any WC amount from his funds; it has to be paid by the employer only. If there is no ESI, please check whether any WC insurance policy has been taken or not. If a policy has to be taken, the employer can get a refund from the insurance company. Otherwise, the employer has to pay the amount on his own. This compensation amount is independent of the road accident compensation amount to be claimed separately. Since this is a notional extension case, the records are to be checked thoroughly.
First, please check the FIR, post-mortem report, and then the death certificate and legal heirship certificates are required for claiming the amount.
Regards,
M. Venkatraghavan
From India, Selam
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Dear friend,
Please go through this link; you may get some clues. The kin of the deceased will be entitled to compensation even if on the way to duty or returning from duty under the WC Act. Who should pay up depends on the relevant status of the employer/workplace. The concerned individual may take necessary action through an advocate who specializes in labor laws.
Link: [Accident Death While on Duty](https://www.citehr.com/31751-accident-death-while-duty.html)
Kumar S.
From India, Bangalore
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Please go through this link; you may get some clues. The kin of the deceased will be entitled to compensation even if on the way to duty or returning from duty under the WC Act. Who should pay up depends on the relevant status of the employer/workplace. The concerned individual may take necessary action through an advocate who specializes in labor laws.
Link: [Accident Death While on Duty](https://www.citehr.com/31751-accident-death-while-duty.html)
Kumar S.
From India, Bangalore
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Dear Mr. Venkatraghavan,
Do you mean to suggest that in the case of a road accident arising out of and in the course of employment of the employee, he could claim compensation under the Employees Compensation Act and, in addition, compensation treating the accident due to a motor vehicle?
With regards
From India, Madras
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Do you mean to suggest that in the case of a road accident arising out of and in the course of employment of the employee, he could claim compensation under the Employees Compensation Act and, in addition, compensation treating the accident due to a motor vehicle?
With regards
From India, Madras
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