Hi,
One of our collegue, aged 28 years and earning one lakh per month, died in a road accident away from his workplace while travelling (off duty) in his native place.My queries are..
1.What are the liabilities on the company employing around 8000 people in such case?
2.Is compensation act applicable?
3.If yes, what is the amount payable to the deceased employee's family?
rgds...PRASHANT
From India, Mumbai
One of our collegue, aged 28 years and earning one lakh per month, died in a road accident away from his workplace while travelling (off duty) in his native place.My queries are..
1.What are the liabilities on the company employing around 8000 people in such case?
2.Is compensation act applicable?
3.If yes, what is the amount payable to the deceased employee's family?
rgds...PRASHANT
From India, Mumbai
Dear Prashant,
You query-wise reply is given hereunder:
1.What are the liabilities on the company employing around 8000 people in such case?
The company's liability is to make his full & final payment to his nominee(s)/ legal heir(s) resulted due to death of the employee.
2.Is compensation act applicable?
No compensation is payable as per W C Act, 1923 as this accident did not happened in due course of & out of employment.
3.If yes, what is the amount payable to the deceased employee's family?
As above
opinion submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
363You query-wise reply is given hereunder:
1.What are the liabilities on the company employing around 8000 people in such case?
The company's liability is to make his full & final payment to his nominee(s)/ legal heir(s) resulted due to death of the employee.
2.Is compensation act applicable?
No compensation is payable as per W C Act, 1923 as this accident did not happened in due course of & out of employment.
3.If yes, what is the amount payable to the deceased employee's family?
As above
opinion submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
Dear Mr. Khola,
Thanks for responding to my post, Kindly elaborate...
1. What is meant by full and final settlement and the items covered thereunder?
2. Is employer responsible to provide the insurance coverage and to what extent?
3. In this case the accident causing death happened during the course of employment but not out of employemnt ( On duty) so what is the employer's responsibility?
Thanks...PRASHANT
From India, Mumbai
Thanks for responding to my post, Kindly elaborate...
1. What is meant by full and final settlement and the items covered thereunder?
2. Is employer responsible to provide the insurance coverage and to what extent?
3. In this case the accident causing death happened during the course of employment but not out of employemnt ( On duty) so what is the employer's responsibility?
Thanks...PRASHANT
From India, Mumbai
Dear
If the death of the workman ( workman as per section 2(1)(n)& schedule II) occurred in due course of & out of employment & the employer is liable to pay compensation under the W C Act, 1923 then in that case the dependents of the deceased workman will be entitled to receive a sum of Rs.4,23,850 from the employer as per section 4 of this Act considering the age factor as 211.79 as per schedule IV & fifty % of wages as Rs.2000/- pm ( maximum wage limit is Rs. 4,000/- pm for calculation of the compensation).
With Regards,
R.N.Khola
From India, Delhi
If the death of the workman ( workman as per section 2(1)(n)& schedule II) occurred in due course of & out of employment & the employer is liable to pay compensation under the W C Act, 1923 then in that case the dependents of the deceased workman will be entitled to receive a sum of Rs.4,23,850 from the employer as per section 4 of this Act considering the age factor as 211.79 as per schedule IV & fifty % of wages as Rs.2000/- pm ( maximum wage limit is Rs. 4,000/- pm for calculation of the compensation).
With Regards,
R.N.Khola
From India, Delhi
What compensation or benefits is given to the dependents after death if the person met with road accident and death got within 5 km redious form working place while coming for duty, under ESI Act, Labour welfare Act, P.F. Act.
From
Vinod Yadav
Gurgaon
From India, Delhi
From
Vinod Yadav
Gurgaon
From India, Delhi
The compensation under Workmen's Compensation Act has been revised and the minimum compensation is Rs 120000 instead of Rs 80000. Also, the salary has been put at a limit of Rs 8000 and therefore, the factor applicable to the age of 28 shall be multiplied by 50% of salary (or Rs 4000) to get the compensation amount.
If covered by ESI, the employer shall not have any liability but the ESI Corporation will take care of it. As per latest amendment an accident while commuting to office / place of work shall be taken as employment injury and therefore, his dependent will get benefits from the ESIC.
In addition to the above, an amount subject to a maximum of Rs 1,05000 is also available by way of EDLI (Employees Deposit Linked Insurance) from the Employees Provident Fund Organisation. The amount, however, depends upon the amount of PF accumulations. This is in addition to the PF due.
Moreover, being a death case, the dependent is also entitled to get Gratuity from the company at the rate of 15 days average salary for each year of service.
Regards,
Madhu.T.K
From India, Kannur
If covered by ESI, the employer shall not have any liability but the ESI Corporation will take care of it. As per latest amendment an accident while commuting to office / place of work shall be taken as employment injury and therefore, his dependent will get benefits from the ESIC.
In addition to the above, an amount subject to a maximum of Rs 1,05000 is also available by way of EDLI (Employees Deposit Linked Insurance) from the Employees Provident Fund Organisation. The amount, however, depends upon the amount of PF accumulations. This is in addition to the PF due.
Moreover, being a death case, the dependent is also entitled to get Gratuity from the company at the rate of 15 days average salary for each year of service.
Regards,
Madhu.T.K
From India, Kannur
Dear Vinod,
In addition to the above I would also like to add here the following regarding Labour welfare Schemes run by the Haryana Labour welfare Board.
You must be knowing that Haryana Labour Welfare Board is running a number of schemes out of which scheme named “ex-gratia to the widows/dependants of industrial workers’ may be available if the concerned worker was working in the establishment of Haryana State upto Supervisor category & was covered under the definition of section 2(s) of Industrial Dispute Act, 1947 and who have paid full due amount of contribution under section 9A of the Punjab Labour Welfare Fund Act, 1965 and are drawing monthly wages upto Rs. 15000/- per month:-
Brief note on this scheme may be read as under:
This scheme was introduced in the year 1976. The main aim of the scheme is to give financial help to the widows/dependants of deceased workers. A lump sum amount of Rs.50, 000/-(Rs. Fifty thousand only) is given to each widow/dependant of deceased worker.
Eligibility criteria:
1. The application is to be submitted within two years from the date of death of worker in field offices or Head Office.
2. Service of the worker should be at least six month at the time of death.
3. If the application is submitted by other than widow of the deceased worker, then an affidavit to the effect that he/she is wholly dependent upon the deceased will have to be furnished along with application.
4. Attested advance receipt of widow of deceased worker/ dependent of Rs. 50,000/- should also be annexed with application.
5. The management will also furnish a certificate towards death of worker.
6. The applicant will submit an affidavit to the effect that he/she is fully dependent upon the deceased worker and he/she has not earlier availed of the said scheme.
In the event of death financial assistance to the dependent of the workers for cremation:
This scheme has been started w.e.f. 12-2-2009. Under this scheme
Haryana Welfare Board is providing assistance of Rs. 5000/- to the Widow/dependent of deceased workers in the event of his/her death.
Eligibility Criteria:-
1. The service of worker should be at least one year in the concerned
establishment.
2. The attested advance receipt should be submitted along with the
application form.
3. Employer will submit the death certificate of the deceased.
4. Applicant should submit an affidavit mentioning therein that he/she is
fully & legally dependent of the deceased.
For any further clarification in matter you can contact your area Labour Inspector (Welfare), 4th Floor, Mini Secretariat, Gurgaon.
Regards,
R.N.Khola
From India, Delhi
In addition to the above I would also like to add here the following regarding Labour welfare Schemes run by the Haryana Labour welfare Board.
You must be knowing that Haryana Labour Welfare Board is running a number of schemes out of which scheme named “ex-gratia to the widows/dependants of industrial workers’ may be available if the concerned worker was working in the establishment of Haryana State upto Supervisor category & was covered under the definition of section 2(s) of Industrial Dispute Act, 1947 and who have paid full due amount of contribution under section 9A of the Punjab Labour Welfare Fund Act, 1965 and are drawing monthly wages upto Rs. 15000/- per month:-
Brief note on this scheme may be read as under:
This scheme was introduced in the year 1976. The main aim of the scheme is to give financial help to the widows/dependants of deceased workers. A lump sum amount of Rs.50, 000/-(Rs. Fifty thousand only) is given to each widow/dependant of deceased worker.
Eligibility criteria:
1. The application is to be submitted within two years from the date of death of worker in field offices or Head Office.
2. Service of the worker should be at least six month at the time of death.
3. If the application is submitted by other than widow of the deceased worker, then an affidavit to the effect that he/she is wholly dependent upon the deceased will have to be furnished along with application.
4. Attested advance receipt of widow of deceased worker/ dependent of Rs. 50,000/- should also be annexed with application.
5. The management will also furnish a certificate towards death of worker.
6. The applicant will submit an affidavit to the effect that he/she is fully dependent upon the deceased worker and he/she has not earlier availed of the said scheme.
In the event of death financial assistance to the dependent of the workers for cremation:
This scheme has been started w.e.f. 12-2-2009. Under this scheme
Haryana Welfare Board is providing assistance of Rs. 5000/- to the Widow/dependent of deceased workers in the event of his/her death.
Eligibility Criteria:-
1. The service of worker should be at least one year in the concerned
establishment.
2. The attested advance receipt should be submitted along with the
application form.
3. Employer will submit the death certificate of the deceased.
4. Applicant should submit an affidavit mentioning therein that he/she is
fully & legally dependent of the deceased.
For any further clarification in matter you can contact your area Labour Inspector (Welfare), 4th Floor, Mini Secretariat, Gurgaon.
Regards,
R.N.Khola
From India, Delhi
One employee’s in a organisation working Last 4.8 Yrs Suddenly the Management if terminated him So Pls tell me What r the laibilities on the Company.
From India, Gurgaon
From India, Gurgaon
Dear Mr. Khosla,
Greetings of the day!!!
One one my clients employee (driver) died off the duty, he took leave for illness and had an heartattack in the night. Investigation says that he was drunk as he was on leave that day and while sleeping he died.
He is survived with 1 child(minor) and wife but both were not staying with employee. They mutually agreed to stay separately but were not divorced.
He was with his Mother and brother in a joint family and now his family dont want do give any compensation to his wife but would like to sponsor his child.
My query, what would be the compensation apart from FNF.
How to proceed further in this matter where wife to be not included in compensation, where she will expect some part of it.
Please suggest.
Looking forward...
From India, New Delhi
Greetings of the day!!!
One one my clients employee (driver) died off the duty, he took leave for illness and had an heartattack in the night. Investigation says that he was drunk as he was on leave that day and while sleeping he died.
He is survived with 1 child(minor) and wife but both were not staying with employee. They mutually agreed to stay separately but were not divorced.
He was with his Mother and brother in a joint family and now his family dont want do give any compensation to his wife but would like to sponsor his child.
My query, what would be the compensation apart from FNF.
How to proceed further in this matter where wife to be not included in compensation, where she will expect some part of it.
Please suggest.
Looking forward...
From India, New Delhi
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