Dear all,

One of our company's employees passed away on his way to the company on 24.11.2014. Hence, please suggest me on the further process, i.e., where should I inform? What should I do? Which formats should I use while approaching ESIC, EPF, CIF? Please advise me on this. From where will his wife receive a pension, ESIC or EPF department?

Please suggest!!!

From India, Delhi
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Hello,

Firstly, obtain the employee's death certificate from their family and then proceed to send Form 20, 10-C, and 10-D for PF Settlement. Form 20 is for claiming the EPF amount, Form 10-C is for claiming the pension fund, and Form 10-D is for receiving the monthly pension for the employee's nominee. Subsequently, submit Form-5(IF) to claim the EPLI amount.

In the event of the employee's death due to an industrial accident, it is imperative to inform ESI and IF within 24 hours. Form 12 is required for ESIC.

Thank you.

From India, Coimbatore
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Dear,

First of all, you should inform the ESIC department through an "accident report" about this death. After that, complete all documents as demanded by the ESIC office. Secondly, you should claim PF dues, pension, and EDLI insurance from the EPF department.

Thanks & Regards,
Pardeep Sharma
9988666364

From India, Mumbai
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Contact with the employer HRD with Death certificate & other official documents, they will guide you.
From India, Bhubaneswar
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Apawanz,

1. What is the cause of death of the deceased employee?
2. Did he die due to an accident? If so, is there any FIR registered with the police? Was any vehicle involved in the scene of death? Was he hospitalized?
3. Also provide details about your company. Was the deceased employee covered under EPF/ESI/Gratuity and Group Insurance, etc.?
4. The Death Certificate is the most important document to proceed further.
5. Who are the surviving family members?
6. Who are the nominees under EPF/Gratuity?

Please provide complete details so that suggestions from the members will be comprehensive.

From India, Bangalore
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Dear Mr. Apanwaz,

Your employee has passed away on the way to the company. We need clarification on the cause of death - whether it was natural or accidental. If it was a natural death, the company is not liable to pay any compensation other than settling his account. However, if it was an accidental case and he was traveling in a company-provided vehicle, the company is obligated to pay compensation in addition to his final settlement. In cases where the accident did not involve a company vehicle, we should handle the situation with compassion.

I always stress the importance of providing all the facts and details to form an informed opinion. Unfortunately, you have not provided all the necessary information in this case.

Adoni Suguresh Sr. Executive (Pers, Admin & Industrial Relations) - Retired Labour Laws Consultant

From India, Bidar
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Dear all,

One of our company's employees passed away on his way to the company on 24.11.2014. Hence, please suggest to me the further process, i.e., where should I inform? What should I do? Which formats should I use while approaching ESIC, EPF, CIF? Please advise me on where his wife can receive a pension from ESIC or EPF department.

Please suggest!

Dear Friend,

As per your post, it is clear that an employee met with an accident while commuting to his workplace on 24.11.2014. In case your company covers GPAP (Group Personnel Accident Policy), he is eligible for claiming the same, and the amount will be paid to the Company. The company needs to pass on such payment to the bereaved employee's family. Similarly, the Employees' Deposit Linked Insurance through RPFC needs to be claimed, PF needs to be claimed, and Pension forms need to be filled. Gratuity needs to be released by your company. All these require a Death Certificate, the original of which needs to be retained by the bereaved employee's family to draw if any LIC Policies are made by him, etc. You are required to provide all this help to the family as a responsible HR handling person.

Regards

From India, Hyderabad
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Thank you to all for the replies!

Actually, he was on his way on a two-wheeler and met with an accident involving a truck at around 5:30 am in the morning, just before his duty time of 6:00 am. We received a call about the accident from a person who encountered him on the road but did not find any witnesses or the truck number. We are exempt from EDLI and have an insurance policy of Rs. 1,60,000/-, with the information already provided to the police. He is covered under ESIC and is only 1.5 years old in terms of employment, so he is not eligible for gratuity. In his family, there are only his wife and parents, and his death certificate is ready.

So, where else do we need to inform, what format should we use, and how should we proceed further? Please suggest.

From India, Delhi
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From India, Bangalore
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Dear Apanwaz,

I am sorry to say that we rush to give our comments/views without having a hold over the subjects. You will appreciate that when such a serious query is raised by a person, we really need to examine the case from all angles. I appreciate the efforts of Sh. S. Kumar and Sh. Adoni Suguresh, who have sought the information/details to examine the case. On subsequent clarification, we are now in a position to advise properly, as under:

1. Since the deceased has met an accident outside the premises while on the way to attend his duties, he is surely entitled to compensation. Lodge an FIR report with the Police, no matter even if no witness is there or the vehicle number is not known. The employer is required to send an accident report in Form-12 under ESI (General) Regulations, 1950, to the Branch office & nearest Insurance Medical Officer (IMO). The IMO shall issue a Death Certificate in Form-13 of the Regulations for claiming Dependent benefits or Funeral Expenses.

2. The PF accumulations shall be payable to the nominee as recorded in the service book. If no nominee is recorded, the PF proceeds shall be equally divided amongst the members of his family.

3. You have shown your apprehension about the payment of gratuity, but in cases where death occurs, the period of Five years for the eligibility is not needed.

4. All other statutory benefits that were/are due to him shall be payable to the nominee or the dependents as the case may be.

BS Kalsi

From India, Mumbai
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