Respected Sir,
I am a senior citizen man. My younger son had an accident at a steel-making company while working and unfortunately passed away. He had been working with that company for the last 3 years and 6 months as an engineer, earning a salary of more than $25,000. The company has a group accidental insurance policy, and I have submitted all the necessary documents for the death claim. However, the company is requesting that I provide an affidavit in court stating that I will not make any further claims beyond the group accidental insurance claim. I am unsure if this is a fair practice. What should I do? Can you kindly suggest a course of action? Additionally, I am wondering if I may expect additional compensation as my son was the main provider for my family.
Regards,
Harihar Prasad
From United States, Columbus
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1I am a senior citizen man. My younger son had an accident at a steel-making company while working and unfortunately passed away. He had been working with that company for the last 3 years and 6 months as an engineer, earning a salary of more than $25,000. The company has a group accidental insurance policy, and I have submitted all the necessary documents for the death claim. However, the company is requesting that I provide an affidavit in court stating that I will not make any further claims beyond the group accidental insurance claim. I am unsure if this is a fair practice. What should I do? Can you kindly suggest a course of action? Additionally, I am wondering if I may expect additional compensation as my son was the main provider for my family.
Regards,
Harihar Prasad
From United States, Columbus
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Dear Sir,
You can bring the case before the Regional Factory Director regarding the same. I am confident that you will receive a fair amount through the EC Act. I advise you not to provide any affidavit. You will receive ECA Compensation + Group Accidental Insurance.
From India, Pune
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You can bring the case before the Regional Factory Director regarding the same. I am confident that you will receive a fair amount through the EC Act. I advise you not to provide any affidavit. You will receive ECA Compensation + Group Accidental Insurance.
From India, Pune
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The company is liable to pay you compensation as per the WC Act. If your expectation of compensation is significantly different from what the company is ready to pay, you should go through the labor commissioner. The company's approach is more like an "out of court settlement" and would ensure a speedy payout. There is nothing wrong with it. You are not entitled to both WC and GPA claims.
From India, Ghaziabad
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From India, Ghaziabad
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Dear Shri Harihar Prasad Ji,
Please accept heartfelt condolences from me, Sir. Certain things are not in our hands.
It seems the company wants to settle the legal dues only with a claim under Group Accidental Insurance and has deprived you of other legal dues payable to you. That is the reason the company is asking you to sign the affidavit.
Your deceased son was covered under Group Accidental Insurance. The claim under it is the right of the nominee/legal heir. Apart from that, the company is liable to pay the following legal dues:
1. Unpaid salary till the date of death, if any;
2. Leave encashment;
3. Settlement of PF dues, pension, and IF under it, if a member of PF;
4. Gratuity; and
5. Compensation under EC Act.
A claim under GAI is not a substitute for the Compensation under EC Act.
Your son worked with the company for, I suppose, 3 years & 6 months. If the company has GGS and there is insurance cover, you will get a good amount of Gratuity. Else, you are entitled to Gratuity for 4 years.
To get your claim, you are advised to first write to the company and approach the Labour Commissioner and Factory Inspector. You can also approach the Senior Citizen Cell in your region. They will help you.
Can I know the name and address of the company? You can contact me anytime on my cell 9820116383.
From India, Mumbai
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Please accept heartfelt condolences from me, Sir. Certain things are not in our hands.
It seems the company wants to settle the legal dues only with a claim under Group Accidental Insurance and has deprived you of other legal dues payable to you. That is the reason the company is asking you to sign the affidavit.
Your deceased son was covered under Group Accidental Insurance. The claim under it is the right of the nominee/legal heir. Apart from that, the company is liable to pay the following legal dues:
1. Unpaid salary till the date of death, if any;
2. Leave encashment;
3. Settlement of PF dues, pension, and IF under it, if a member of PF;
4. Gratuity; and
5. Compensation under EC Act.
A claim under GAI is not a substitute for the Compensation under EC Act.
Your son worked with the company for, I suppose, 3 years & 6 months. If the company has GGS and there is insurance cover, you will get a good amount of Gratuity. Else, you are entitled to Gratuity for 4 years.
To get your claim, you are advised to first write to the company and approach the Labour Commissioner and Factory Inspector. You can also approach the Senior Citizen Cell in your region. They will help you.
Can I know the name and address of the company? You can contact me anytime on my cell 9820116383.
From India, Mumbai
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The above case seems to be posted from the USA. If the accident occurred in the USA and the company is also based in the USA, then the Employee Compensation Act (EC Act) will not apply. Instead, there may be local laws that would be applicable. American courts are very strict when it comes to compensating for accidental deaths, especially in cases involving negligence.
Please provide clarification on the above.
From India, Mumbai
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Please provide clarification on the above.
From India, Mumbai
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Dear Saswata ji, I do not feel that in America any company will deny your right and take such affidavit. Morever the salary is not mentioned in dollar. It is Indian case only.
From India, Mumbai
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From India, Mumbai
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Good morning.
I was going by the stated location. The salary is mentioned, but not in rupees or dollars, so we need to wait for the poster to confirm. However, I don't think American companies are saints. Many of them are worse than our Indian employers.
From India, Mumbai
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I was going by the stated location. The salary is mentioned, but not in rupees or dollars, so we need to wait for the poster to confirm. However, I don't think American companies are saints. Many of them are worse than our Indian employers.
From India, Mumbai
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You will get benefits under both policies as it is mandatory for every company falling under the Factories Act to obtain Group Personal Accident (GPA) & Workers' Compensation (WC) policies for their employees.
The death benefit under GPA & WC should be provided to you. The company's HR department should assist you in claiming from the insurance company. If they are not fulfilling this responsibility, you can approach the Regional Labour Commissioner.
From India, Belgaum
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The death benefit under GPA & WC should be provided to you. The company's HR department should assist you in claiming from the insurance company. If they are not fulfilling this responsibility, you can approach the Regional Labour Commissioner.
From India, Belgaum
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I have a similar case. One of my brothers-in-law was working in Bahrain on behalf of an Indian company, Bramco India Pvt. Ltd., from 16 Feb 2004 to 30 March 2006. He died in a boat tragedy off the coast of Bahrain during a Nass, Murray, and Roberts party to celebrate the completion of concreting work at the Bahrain World Trade Centre. A total of 58 persons died in that tragedy, including his wife. However, no compensation was paid to his parents by either the company he was working for or the boat company that capsized.
Please advise if she can send a notice for compensation now, as this case is more than 7 years old.
From India, New Delhi
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Please advise if she can send a notice for compensation now, as this case is more than 7 years old.
From India, New Delhi
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Dear Harihar Prasad Sir,
Regarding compensation, there is a separate court called a "WC" court, which means Workmen Compensation Court. It operates under the "Workmen Compensation Act." Now, the Act has changed to the "Employees Compensation Act." My suggestion is not to give any affidavit to the company. Instead, file a complaint against the company through the proper channels with the "Employees Compensation Commissioner."
From United States, San Jose
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Regarding compensation, there is a separate court called a "WC" court, which means Workmen Compensation Court. It operates under the "Workmen Compensation Act." Now, the Act has changed to the "Employees Compensation Act." My suggestion is not to give any affidavit to the company. Instead, file a complaint against the company through the proper channels with the "Employees Compensation Commissioner."
From United States, San Jose
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