Hi,

One of our employees met with an accident and died on March 9th in Delhi. We have not filed Form 16 yet. We received this information in June. However, we did file the ESIC half-yearly returns. We marked him as 'left' with no ESIC number.

1. Will the family members (wife and 2 kids) receive benefits under ESIC? If eligible, what are the benefits?
2. Are they entitled to a pension? How much pension will they receive?
3. What is the procedure to claim these benefits?

Please provide advice on the above issue.

With regards,
Lalith

From India, Hyderabad

Dear Lalith,

Your employee had an accident while on duty or off duty. It is essential that the accident is caused by employment to receive benefits. Please clarify this question first, and then we can discuss this point.

Regards,
J. S. Malik

From India, Delhi

Dear Malik, While one duty only. He met with an accident. His contribution period is 75 days. Lalith Reddy
From India, Hyderabad

Dear Lalith,

Insurance number of employees is the first and most important thing. Every action starts from the insurance number. When you issue the insurance number to an employee, you must indicate it correctly. The "left" number is never in use. If not done properly, your company may become a defaulter. Therefore, you should take action on behalf of the organization for the employee's family. Additionally, be cautious about IPs' insurance numbers because now, making amendments online in ESI is impossible.

Warm regards,
Kumar
Email: kumaresic@rediffmail.com

From India, Calcutta

Dear,

One way you are telling about an accident while on duty, and the other way you are saying he died in March 2009. You could have come to know in June 2009. Then, if the accident was in the course of employment, why was the accident form not sent? Basically, you do not tell the complete story and want an answer. Without knowing the complete facts, answering is difficult. In an earlier thread, I asked you whether the accident was in the course of employment or out of employment. If he was on the payroll, moving on the road, and met with an accident, then it does not come under the course of employment. Please tell the complete story.

J.S. Malik

From India, Delhi

Sir,

In our company, 95% of employees are field staff all over India. In March, an employee passed away. When his wife wrote a letter to the Head Office regarding benefits, we (Head Office) only came to know in June. From the organization's side, we provided the deceased family with 4 lakh rupees. Any further benefits they may be eligible for from ESIC & PF.

Regards,
Lalith Reddy


From India, Hyderabad

Dear Lalith,

I would like to clarify some details regarding the accident that occurred – specifically, the cause of death, location, and whether a case has been registered at the police station.

Could you confirm if there is any record in the payroll/attendance system? Clarifying these details will enable me to advise you on the best course of action to pursue an accident claim.

I am confident that if the individual is covered under ESI, they would be eligible for compensation from ESIC, whether the incident occurred while on duty or elsewhere.

Please update the ESIC return with the necessary information related to the death once you have the details.

Best Regards,

Sajid Ansari

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From India, Delhi

Dear Lalitha,

If this accident happened while on duty, then his wife may receive a pension from ESIC as well. If this accident occurred while he was not on duty, then she will be entitled to funeral expenses amounting to 3000 rupees from ESIC. She will also receive a widow's pension from the PF department. You can obtain the death case form from the PF department where the complete procedure and required documents are specified. Please prioritize this task.

Regards,
J. S. Malik

From India, Delhi

Dear Lalitha, Please explain in details so that we can help you in a proper manner. Best Regards Sajid
From India, Delhi

Hello Lalit,

First, let's be clear - if you have been contributing to the share of ESIC, it is divided into two halves: employee contribution and employer contribution. The employee contributes 1.75%, and the employer contributes 3.75%. These deductions are basically shown in the pay register. Regardless of how many employees your organization has and how many work in field jobs, if the contribution has been deducted and paid, you should be able to obtain an ESI number for the employee. You will have to maintain an accident register where you have to enter all the details of the accident and the final result. The employee's family is eligible to receive a pension as per the scheme. Please ensure that you get the concerned employee's ESIC number allotted. All you need to do is inform their dependents to approach the ESI branch and fill a claim form, which has to be supported by a letter from the company. After verification by the ESI, they will process the claim.

Also, check if a police complaint was filed when the accident occurred and if their statement was recorded.

From China, Beijing

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