My cousin, aged 28, was working as an engineer in a factory for the last 5+ years. He was unmarried and the breadwinner for his family, as his parents were dependent on him.
During his working hours in the factory, he became unconscious and was taken to the hospital, where he was declared brought dead on July 21. The postmortem report indicated that the cause of death was cardiac respiratory arrest, despite him not having any history of heart illness.
He was promoted on April 21 from a salary level of 20,000 to 22,000. Before the promotion, he was covered under ESI, but now he was not in ESI due to the salary increment.
What compensation should the company provide to his family? Please guide us.
Thanks in advance.
From India, Chennai
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During his working hours in the factory, he became unconscious and was taken to the hospital, where he was declared brought dead on July 21. The postmortem report indicated that the cause of death was cardiac respiratory arrest, despite him not having any history of heart illness.
He was promoted on April 21 from a salary level of 20,000 to 22,000. Before the promotion, he was covered under ESI, but now he was not in ESI due to the salary increment.
What compensation should the company provide to his family? Please guide us.
Thanks in advance.
From India, Chennai
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Employer Liability in Case of Employee Death
Other than EDLI (and the PF accumulation and pension admissible) from the EPF Organization and the gratuity payable by the employer, the employer does not have any liability since the death occurred due to natural causes, even though it happened during the course of employment.
Conditions for Employment Death Compensation
On the other hand, if it could be established that he had a heart attack due to work pressure, the death could be considered an employment death under the Employees' Compensation Act. However, without any evidence showing that the employer exerted unreasonable pressure on the deceased, the employer has no liability to pay any compensation.
From India, Kannur
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4667Other than EDLI (and the PF accumulation and pension admissible) from the EPF Organization and the gratuity payable by the employer, the employer does not have any liability since the death occurred due to natural causes, even though it happened during the course of employment.
Conditions for Employment Death Compensation
On the other hand, if it could be established that he had a heart attack due to work pressure, the death could be considered an employment death under the Employees' Compensation Act. However, without any evidence showing that the employer exerted unreasonable pressure on the deceased, the employer has no liability to pay any compensation.
From India, Kannur
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