An employee got heart attach after completing his duty but which changing his uniform in rest room. My doubt is that, whether Workman Compensation will cover this death & is he eligible for claim?
From India, Chennai
4From India, Chennai
Dear Member,
You may pl check if the worker was covered/coverable under ESI Scheme, if so, his dependent family members are entitled for Dependent Benefit.If not, his case will be dealt under Workmen\'s Compensation Act.For further knowledge on ESIC you may visit www.wobeen.com or write again with full details of the case.
From India, Gurgaon
You may pl check if the worker was covered/coverable under ESI Scheme, if so, his dependent family members are entitled for Dependent Benefit.If not, his case will be dealt under Workmen\'s Compensation Act.For further knowledge on ESIC you may visit www.wobeen.com or write again with full details of the case.
From India, Gurgaon
Yes, the employee is eligible for compensartion as the mishap is occured "during the course of employment". Courts have also ruled that when an employee is on way to office or on way to his home after duty hours, hei is still "in the course of employment".
Dr. T.Thomas
From India, Bangalore
Dr. T.Thomas
From India, Bangalore
Please see section 51-E of ESI Act - Accidents happening while commuting to the place of work and vice versa - An accident occuring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing his duty, shall be deemed to have arisen out of and in the course of employment if nexus between circumstances, time and place in and place in which the accident occured and the employment is established
From India
From India
As his death had occurred in the office premises immediately after his duty hours are over, he needs to be compensated as his duty is not over unless and untill he is out of the office permises. Here he died in the changing room and hence needs to be compensated.
For Compensation either the ESIC or WC would enact whichever is applicable.
Regards,
Dr. Urjit Kavi
From India, Delhi
For Compensation either the ESIC or WC would enact whichever is applicable.
Regards,
Dr. Urjit Kavi
From India, Delhi
Dear Friend ,
There is no doubt , the employee is eligible for compensartion as the mishap is occured "during the course of employment".
Specific rulings from courts are available upholding this issue , that when an employee is on way to office or on way to his
home after duty hours, he is still "in the course of employment".
Take care,
Sourav Mukherjee
From India, Bangalore
There is no doubt , the employee is eligible for compensartion as the mishap is occured "during the course of employment".
Specific rulings from courts are available upholding this issue , that when an employee is on way to office or on way to his
home after duty hours, he is still "in the course of employment".
Take care,
Sourav Mukherjee
From India, Bangalore
Dear Mr.Charan,
As per the facts mentioned by you, Workmen Compensation Act is applicable in this case if the deceased not covered under ESI. In case the deceased covered under ESI, compensation and benefits applicable under the provisions of ESI Act. Please check and proceed accordingly for further process as per the relevant legislation and rules.
With best wishes,
Venkata R. Murthy
From India
As per the facts mentioned by you, Workmen Compensation Act is applicable in this case if the deceased not covered under ESI. In case the deceased covered under ESI, compensation and benefits applicable under the provisions of ESI Act. Please check and proceed accordingly for further process as per the relevant legislation and rules.
With best wishes,
Venkata R. Murthy
From India
Dear Concerned, whether he or she passed during office hrs but after his duty and the incident happened in the company / factory premises he is eligible for all the benefits. If he / she had the same problem outside the management will give the statutory benefits to them. Eg From ESI (if he has no) he will be getting funeral benefits of Rs.5000/- + his nominee will get pension from ESI. Pl see the act. If its WC he will be eligible for an amount of Rs.62,000/- as per norms + no of years of service for gratutity. He can claim (nominee will get) from the co if he / she deceased either in the office or in the home. this is my suggestion if any mistake pl tell me
From India, Chennai
From India, Chennai
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