I an employee dies a natural death at the work place or on duty is the employer liable for compensation .If yes how to calculate it.
From India, Jamshedpur
1From India, Jamshedpur
If it is a natural death not at all due to work pressure, the employer is not bound to pay any compensation as per Workmen's Compensation Act. On the other hand, if the death has occurred due work pressure which resulted in failure of systems, say, to heart attack, the employer will have to compensate on a scale of compensation calculated on the basis of age of the deceased and salary at the time of death. Salary, of course, will be limited to Rs 8000 and in death cases it will be 50% of the salary multiplied by the fixed age factor.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Sir, How it can be prove that Hear attack is due to work pressure? Mangesh Wakodkar Aurangabad
From India, Pune
From India, Pune
That is to be done by the dependents of deceased. If it is possible to establish that the deceased employee had requested a few days rest but the Manager denied or if the deceased was given a task which he was not able to do but due to which he developed mental stress, that is sufficient cause to believe that he died of work stress. The Workmen Compensation Commissioner can also take evidence from the workers who worked with the deceased.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
If it has been proved that the death was a natural one, then no compensation need be paid. If the death of the man had any belonging on the nature of work performed by him at the work place, then the compensation nead be paid. Any compensation will depend on two factors:
1. Salary subject to a maximum of Rs. 8000/-
2. Relevant factor as stated in Schedule IV of Employees' Compensation Act, which is a age dependent factor.
Compensation = 50% X value in Sl. 1 above X value in Sl 2 above
For calculation of Compensation please find the Calculator in excel format as attachment. This will help one Calculate compensation for Death, Permanent Total Disablement and Permanent Partial Disablement.
From India, Haora
1. Salary subject to a maximum of Rs. 8000/-
2. Relevant factor as stated in Schedule IV of Employees' Compensation Act, which is a age dependent factor.
Compensation = 50% X value in Sl. 1 above X value in Sl 2 above
For calculation of Compensation please find the Calculator in excel format as attachment. This will help one Calculate compensation for Death, Permanent Total Disablement and Permanent Partial Disablement.
From India, Haora
"relevant factor", in relation to a an employee means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell due. For example:
not more than 16 228.54
17 227.49
18 226.38
19 225.22
20 224.00
----------------
----------------
----------------
64 102.93
65 or more 99.37
As one can see lower the age, higher the Relevant Factor and vise versa.
From India, Haora
not more than 16 228.54
17 227.49
18 226.38
19 225.22
20 224.00
----------------
----------------
----------------
64 102.93
65 or more 99.37
As one can see lower the age, higher the Relevant Factor and vise versa.
From India, Haora
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EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
Employees' Compensation Act 1923.doc