If one contract laborer, who is covered under the ESI Act of 1948, dies while on duty (electrical operation), are they entitled to receive benefits under the Employee Compensation Act of 1923? If not, besides the funeral benefits and family pension under the ESI Act, what other benefits are the legal heirs entitled to receive?
From India, Chennai
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4From India, Chennai
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The Employees' State Insurance (ESI) Act takes care of the liability of the employer that would have come upon them under the Employees' Compensation Act (formerly known as the Workers' Compensation Act). Once covered under ESI, no benefits or compensation are allowed under the EC Act. The legal heirs, namely the spouse and minor children, receive a monthly pension from ESI.
Thank you.
From India, Kolhapur
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Thank you.
From India, Kolhapur
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Apart from funeral expenses and pension under the P.F. Act, he is also entitled to compensation if the death is caused by an accident arising out of and in the course of employment.
B. Saikumar
HR & Labor Law Advisor
From India, Mumbai
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B. Saikumar
HR & Labor Law Advisor
From India, Mumbai
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There is no compensation in addition to monthly pension under ESI Act. Only monthly pension.
From India, Kolhapur
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From India, Kolhapur
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By compensation, I mean the dependent benefit provided under Sec. 52 of the ESI Act read with Rule 58 and relevant regulations, which is admissible to dependants of the deceased insured person. If this dependent benefit is also called a pension, then there is no benefit other than funeral expenses and dependent benefit or pension.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Dependents' benefits under Section 52 of the ESI Act are paid as Family Pension to the dependents of a deceased insured person in the event of death due to employment injury or occupational disease.
Section 65 of the ESI Act specifies that where a person is entitled to more than one benefit, he/she shall be entitled to choose which benefit he/she shall receive. Hence, receiving two benefits is not possible.
From India, Pune
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Section 65 of the ESI Act specifies that where a person is entitled to more than one benefit, he/she shall be entitled to choose which benefit he/she shall receive. Hence, receiving two benefits is not possible.
From India, Pune
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Whether the worksite is covered under ESI or not, if the injured individual is covered under the ESI scheme and contributions have been paid, they will receive the benefit. Nothing in the ESI Act prevents an employer from including site workers in the ESI scheme along with their office workers.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Dear Kulkarni & others,
I find all your comments valuable and worth appreciating. I am from an Electrical Distribution Company and have to face day-to-day accidental hazards. There are certain touts in the field who inspire the deceased family to file court cases under WC ACT (WC Court) even though they are receiving family pension under the ESI Act of 1948 (both the spouse and minor children), although there is a clear bar under Section 53 of the ESI Act. Please suggest something if the wage exceeds ₹15,000.00 per month, then whether the WC Act shall come into the picture.
Regards,
R Misra
From India, Chennai
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I find all your comments valuable and worth appreciating. I am from an Electrical Distribution Company and have to face day-to-day accidental hazards. There are certain touts in the field who inspire the deceased family to file court cases under WC ACT (WC Court) even though they are receiving family pension under the ESI Act of 1948 (both the spouse and minor children), although there is a clear bar under Section 53 of the ESI Act. Please suggest something if the wage exceeds ₹15,000.00 per month, then whether the WC Act shall come into the picture.
Regards,
R Misra
From India, Chennai
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If employees are covered in ESIS, they are entitled to benefits under the ESI Act only, not under the EC Act. If employees are not covered in ESI, they will be entitled under the EC Act if they are 'employees' under the EC Act.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
BENEFITS UNDER ESI.ppt