If any worker died after one day work then which benefits his dependent get under labor law & why tell me briefly & also tell me if he died by fatal accident or natural
From India, Varanasi
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1From India, Varanasi
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Hi,
As far as my knowledge goes, the dependents of the deceased employee shall be eligible for:
1) If the deceased employee is covered under the ESI Act, Funeral and Pension Benefits.
2) If the deceased employee is covered under the EPF Act, EDLI and Pension Benefits.
3) If the deceased employee is not covered under the ESI Act, compensation as per the Employee Compensation Act.
4) If the death is due to an accident and the deceased employee is covered under any accident insurance policy by the employer, benefits as per the policy terms.
From India, Erode
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As far as my knowledge goes, the dependents of the deceased employee shall be eligible for:
1) If the deceased employee is covered under the ESI Act, Funeral and Pension Benefits.
2) If the deceased employee is covered under the EPF Act, EDLI and Pension Benefits.
3) If the deceased employee is not covered under the ESI Act, compensation as per the Employee Compensation Act.
4) If the death is due to an accident and the deceased employee is covered under any accident insurance policy by the employer, benefits as per the policy terms.
From India, Erode
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If it is a fatal accident and if your organization is covered under ESI, and if his salary is Rs 15,000/ per month or less, his family will get Funeral benefit and Pension under ESI.
If it is a fatal accident and either your organization is not covered under ESI or if the employee's wages are more than Rs 15,000/ per month, his family will get compensation under the Employees Compensation Act, and the Company has to pay.
If the death is not due to employment or in the course of employment, his family will not be eligible for any compensation except funeral benefit under ESI.
EDLI
If the employee had been a member in the earlier organization and had been a PF member for a year, then his family can claim EDLI benefit. However, most organizations go with Insurance Companies, and his name would not have been included in the policy. The family needs to approach the PF Office to get the benefit.
Pension
Again, if he has put in pensionable service in PF, his family will get a pension; otherwise, no pension is payable.
EDLI and Pension under PF are payable both in accident cases and in natural death.
From India, Chennai
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If it is a fatal accident and either your organization is not covered under ESI or if the employee's wages are more than Rs 15,000/ per month, his family will get compensation under the Employees Compensation Act, and the Company has to pay.
If the death is not due to employment or in the course of employment, his family will not be eligible for any compensation except funeral benefit under ESI.
EDLI
If the employee had been a member in the earlier organization and had been a PF member for a year, then his family can claim EDLI benefit. However, most organizations go with Insurance Companies, and his name would not have been included in the policy. The family needs to approach the PF Office to get the benefit.
Pension
Again, if he has put in pensionable service in PF, his family will get a pension; otherwise, no pension is payable.
EDLI and Pension under PF are payable both in accident cases and in natural death.
From India, Chennai
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Greetings,
Confirming, if the employee was covered under group accident cover, then the dependents are eligible for benefits in the event of death due to an accident. Usually, it is 100 times the basic salary of the employee.
Illustrating a similar case, a temporary employee fell from the train while returning from the office. His family received the insurance money, which the company claimed and passed on to them. Since the employee was on a cash voucher, his drawn salary was as low as 4200/- per month. His family received 425,000/- from the insurance company.
It is beneficial that we have group coverage for almost all temporary and laborers working at warehouses.
Best Regards,
BSJ
From India, Mumbai
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Confirming, if the employee was covered under group accident cover, then the dependents are eligible for benefits in the event of death due to an accident. Usually, it is 100 times the basic salary of the employee.
Illustrating a similar case, a temporary employee fell from the train while returning from the office. His family received the insurance money, which the company claimed and passed on to them. Since the employee was on a cash voucher, his drawn salary was as low as 4200/- per month. His family received 425,000/- from the insurance company.
It is beneficial that we have group coverage for almost all temporary and laborers working at warehouses.
Best Regards,
BSJ
From India, Mumbai
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There is nothing called Group Accident Cover legally. Employers take this policy, and technically there is no obligation on the part of the management to pass on this benefit to the deceased employee's family. Technically and legally, the deceased employee's family will get ESI compensation/Employees' compensation under relevant law. However, if there is a settlement or if the appointment letter talks about Group Insurance, then the benefit needs to be passed on. Group accident cover does not necessarily provide 100% benefit; it depends on the terms and conditions, and usually, there is a ceiling fixed based on the premium.
From India, Chennai
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From India, Chennai
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Dear Friends The Group Personal Accident Policy / Workmen Compensation Policy is being taken to compensate the victim as per Employee Compensation Act.
From India, Kumbakonam
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From India, Kumbakonam
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Please note the difference between Group Accident Policy and Employee Compensation Policy. Personal accident policy does not provide compensation equivalent to Employee Compensation Policy. You can take this policy, and if the benefits are lesser than provided in the Employee Compensation Act, then the management has to pay the difference. Similarly, if you receive more amount, you can retain the balance.
There are positive as well as negative aspects in deciding which policy needs to be taken. For example, personal accident insurance policy/group accident policy covers accidents outside the workplace as well. Employee Compensation Policy will cover only the accidents in connection with employment, and it is also expensive.
From India, Chennai
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There are positive as well as negative aspects in deciding which policy needs to be taken. For example, personal accident insurance policy/group accident policy covers accidents outside the workplace as well. Employee Compensation Policy will cover only the accidents in connection with employment, and it is also expensive.
From India, Chennai
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Mr Mrutyajayu. You have nit mentioned where and how did the employee die. Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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It is not possible to cover the employee in any statutory compliance on the very first day of the employee joining a company. So here the question arises: whether the employee has died within the company premises naturally or accidentally. If accidentally, then it is deemed that the accident has occurred due to negligence, and the company has to compensate accordingly. If it was a natural death, there is no legality from the employer's part and can compensate if desired. The employee has to depend upon his LIC or any other insurance he has covered himself and for his family.
From India, Ahmadabad
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From India, Ahmadabad
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It is not the question of whether it is possible to cover or not. The moment an employee reports for work on the joining day, he or she is covered under certain legal obligations. For example, he becomes an insured employee under ESI whether you have got the forms filled or not. In fact, I faced a similar situation in 1987 when an employee died inside the factory due to an accident within one of his reportings. His family has been sanctioned a pension under ESI even though there had not been any contribution. We reported the accident, explained the circumstances, and were asked to pay ESI contribution for that day. We just had to prove he was engaged on that day, and he indeed is a bonafide employee and covered under ESI. I know his family will not get a pension under PF or even EDLI. EDLI is also possible in the case of a policy with LIC where monthly statements are sent for addition or deletion. If I remember correctly, some of the Insurance Companies provide EDLI benefits from day 1.
Sivasankaran
From India, Chennai
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Sivasankaran
From India, Chennai
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