A labour died in a road accident at a bus stop where he was waiting for boarding a bus to go home after leaving his duty. The work site is ESIC denotified area. He is 35 years old. How to claim his death benefit from Commissioner, Workman Compensation.
From India, Delhi
2From India, Delhi
Dear MarimuthuP
The Thrread does not contain full details and by the way the question has been raised it is not clear whether it is raised on behalf of employer or on behalf of employee.
The WC commr will not pay any WC amount from his funds. It has to be paid by the employer only. If there is no ESI, please check whether any WC insurance policy has been taken or not. If policy has to be taken, the employer can get refund from insurance company. Otherwise the employer has to pay the amount on his own. This compensation amount is independent of the road accident compensation amount to be claimed seperately. Since this is a notional extension case, the records are to be checked thoroughly.
First please check the FIR, post mortem report and then death certificate and legal heir ship certificates are required for claiming the amount.
Regards
M.Venkatraghavan
From India, Selam
The Thrread does not contain full details and by the way the question has been raised it is not clear whether it is raised on behalf of employer or on behalf of employee.
The WC commr will not pay any WC amount from his funds. It has to be paid by the employer only. If there is no ESI, please check whether any WC insurance policy has been taken or not. If policy has to be taken, the employer can get refund from insurance company. Otherwise the employer has to pay the amount on his own. This compensation amount is independent of the road accident compensation amount to be claimed seperately. Since this is a notional extension case, the records are to be checked thoroughly.
First please check the FIR, post mortem report and then death certificate and legal heir ship certificates are required for claiming the amount.
Regards
M.Venkatraghavan
From India, Selam
Dear friend,
Pl.go thro' this link you may get some clue. The kin of deceased will be entitled to compensation even if on the way to duty or returning from duty under WC Act. Who should pay up depends on the relevant status of the Employer/work place. The concerned may take nec.action thro' an advocate who specialises in labour laws.
https://www.citehr.com/31751-acciden...hile-duty.html
kumar.s.
From India, Bangalore
Pl.go thro' this link you may get some clue. The kin of deceased will be entitled to compensation even if on the way to duty or returning from duty under WC Act. Who should pay up depends on the relevant status of the Employer/work place. The concerned may take nec.action thro' an advocate who specialises in labour laws.
https://www.citehr.com/31751-acciden...hile-duty.html
kumar.s.
From India, Bangalore
Dear Mr.Venkatraghavan
Do you mean to suggest that in the case of a road accident arising out of and in the course of employment of the employee, he could claim compensation under the Employees Compensation Act and in addition compensation treating the accident due to a motor vehicle.
With regards
From India, Madras
Do you mean to suggest that in the case of a road accident arising out of and in the course of employment of the employee, he could claim compensation under the Employees Compensation Act and in addition compensation treating the accident due to a motor vehicle.
With regards
From India, Madras
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