As regards marking absent/present on the day of the accident, if the injured employee did not join duty, he cannot be marked present on that day. If he died on the day of the accident itself without being present at the workplace, then his name is to be struck off the rolls from that day itself, and an endorsement should be made to that effect in the Attendance Register. However, if the mishap occurred after he had attended duty, then he can be struck off the rolls with effect from the afternoon (after duty hours) of that day. If there is a hospitalization/treatment period involved, the employee should be marked absent or on leave for this period.
As your employee reportedly met with the accident while reporting for duty, he is not to be marked present. Depending on the date of the employee's demise, you may make a suitable order based on the aforementioned principles and mark his attendance. It is clarified that the liability for the payment of compensation would exist irrespective of whether the employee is marked as absent or present on the date of the accident.
From India, Mumbai
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1656As your employee reportedly met with the accident while reporting for duty, he is not to be marked present. Depending on the date of the employee's demise, you may make a suitable order based on the aforementioned principles and mark his attendance. It is clarified that the liability for the payment of compensation would exist irrespective of whether the employee is marked as absent or present on the date of the accident.
From India, Mumbai
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Respected Sirs,
Have a blissful day!
First of all, thank you very much for your valuable input in this post. It is very helpful for us. The employer has initiated an employee compensation claim, which is currently in the final stage of settlement. We extend special thanks to Umakanthan Sir, Suresh Ji, Ramesh Rathod Sir, and other CiteHR members who have suggested their valuable input. Unfortunately, for the release of the compensation amount, the insurance company requires an "Award Copy" from the labor court. We have been in constant communication with the employer regarding the EC claim settlement. However, the insurance company cannot release the compensation amount without this document. According to our inquiry through a reliable advocate, we have been informed that the company must make a DD in the name of the honorable "Employee Compensation Commissioner." Once this process is completed, the court will provide the "Award Copy" to the employer.
Kindly suggest what steps we can take for the EC compensation claim of the associate nominee, as the associate passed away on June 30, 2021, and the family members have not yet received the compensation amount.
Please provide your valuable input on obtaining the "Award copy" from the Labor court and facilitating the smooth release of the compensation amount to the associate's family members as per the EC act.
Additionally, please advise on the roles of the employer and principal employer in settling the Employee Compensation claim.
From India, Rajkot
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Have a blissful day!
First of all, thank you very much for your valuable input in this post. It is very helpful for us. The employer has initiated an employee compensation claim, which is currently in the final stage of settlement. We extend special thanks to Umakanthan Sir, Suresh Ji, Ramesh Rathod Sir, and other CiteHR members who have suggested their valuable input. Unfortunately, for the release of the compensation amount, the insurance company requires an "Award Copy" from the labor court. We have been in constant communication with the employer regarding the EC claim settlement. However, the insurance company cannot release the compensation amount without this document. According to our inquiry through a reliable advocate, we have been informed that the company must make a DD in the name of the honorable "Employee Compensation Commissioner." Once this process is completed, the court will provide the "Award Copy" to the employer.
Kindly suggest what steps we can take for the EC compensation claim of the associate nominee, as the associate passed away on June 30, 2021, and the family members have not yet received the compensation amount.
Please provide your valuable input on obtaining the "Award copy" from the Labor court and facilitating the smooth release of the compensation amount to the associate's family members as per the EC act.
Additionally, please advise on the roles of the employer and principal employer in settling the Employee Compensation claim.
From India, Rajkot
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The settlement procedure is that the insurance company sends the claim settlement amount to The Commissioner for Workmen's Compensation. Upon receipt of the claim amount, the Commissioner sends intimation to the legal heir/nominee of the deceased employee and settles the claim in his office.
The employer should write to the insurance company from whom the EC policy is obtained and advise them to send the claim amount to the Commissioner of EC for settlement. If there is no insurance policy, then the liability falls on the employer, and the employer should deposit the compensation amount due as per the EC Policy formula/age factor to the EC Comm.
Hope the procedure is clear now.
Regards,
Suresh
From India, Thane
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The employer should write to the insurance company from whom the EC policy is obtained and advise them to send the claim amount to the Commissioner of EC for settlement. If there is no insurance policy, then the liability falls on the employer, and the employer should deposit the compensation amount due as per the EC Policy formula/age factor to the EC Comm.
Hope the procedure is clear now.
Regards,
Suresh
From India, Thane
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