Dear Sir / Mam,
I would like to know about your positive feedback in the matter of an employee when shoot him self and declared dead during the working hours. Even he has covered under the ESI Act & EPF Act.
Looking for your support and feedback regarding the deceased employee's family will get the benefits under the workmen compensation act, 1923 or whether the claim will be settled by the ESI authority as his family had already filed the case for workmen compensation.
You all are requested to share your experience with proper attached supporting to resolve the matter.
Regards
Sunil Sharma
mob: 9910126718
From India, New Delhi
19I would like to know about your positive feedback in the matter of an employee when shoot him self and declared dead during the working hours. Even he has covered under the ESI Act & EPF Act.
Looking for your support and feedback regarding the deceased employee's family will get the benefits under the workmen compensation act, 1923 or whether the claim will be settled by the ESI authority as his family had already filed the case for workmen compensation.
You all are requested to share your experience with proper attached supporting to resolve the matter.
Regards
Sunil Sharma
mob: 9910126718
From India, New Delhi
Dear Sir / Mam, No any reply at our respected members as we have to take the decision accordingly. Regards Sunil Sharma Mob: 9910126718
From India, New Delhi
From India, New Delhi
Dear Sharma,
1. Claim under Employees' Compensation Act (earlier Workmen's Compensation Act) is tenable when accident is 'out of and in course of employment' of the employer and not for suicide as appear from the explanation of the incidence.
2. if employee is insured under ESIC, then Section 53 of ESIC Act debars claim under any other act including Employees' Compensation Act. And formalities as per ESIC are to be completed.
Hope this will help you.
From India, Panipat
1. Claim under Employees' Compensation Act (earlier Workmen's Compensation Act) is tenable when accident is 'out of and in course of employment' of the employer and not for suicide as appear from the explanation of the incidence.
2. if employee is insured under ESIC, then Section 53 of ESIC Act debars claim under any other act including Employees' Compensation Act. And formalities as per ESIC are to be completed.
Hope this will help you.
From India, Panipat
Dear Gupta Ji,
Thanks for your reply.
My query is that if employee is covered under the ESIC and commit to sucide then will the family get compensation under Employees compensation act.
If yes then what about limit of compensation in case of death alongwith attachment to produce the company.
Regards
Sunil Sharma
Mob: 9910126718
From India, New Delhi
Thanks for your reply.
My query is that if employee is covered under the ESIC and commit to sucide then will the family get compensation under Employees compensation act.
If yes then what about limit of compensation in case of death alongwith attachment to produce the company.
Regards
Sunil Sharma
Mob: 9910126718
From India, New Delhi
Dear Sunil,
I think that the reply of Gupta is clear and categorical. The sum and substance of his reply is that when the deceased employee was covered by the ESI Act, no claim could be staked under the EC Act and suicide can not be deemed as a consequence of an employment accident just because the employee committed it during his duty hours.
From India, Salem
I think that the reply of Gupta is clear and categorical. The sum and substance of his reply is that when the deceased employee was covered by the ESI Act, no claim could be staked under the EC Act and suicide can not be deemed as a consequence of an employment accident just because the employee committed it during his duty hours.
From India, Salem
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls