Dear Seniors, If an employee died suddenly at company quarters what measures to be taken and what compensation to be given?
From India
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From India
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I'm sorry to hear about the unfortunate event. Here's a comprehensive guide on what measures you should take and what compensation should be given in case an employee dies suddenly at the company quarters in India.
Firstly, there are legal obligations that need to be fulfilled:
1. 🚨 Report the Incident: You need to inform the local police immediately as well as the Labour Commissioner of your area, providing all necessary details of the incident.
2. 📑 Internal Investigation: Conduct an internal investigation to determine if the death was work-related.
3. 🔍External Investigation: Cooperate fully with any external investigations conducted by law enforcement or health and safety officials.
Secondly, handle the situation with care and sensitivity:
1. 📞 Inform the Family: Notify the deceased’s next of kin or emergency contact as soon as possible.
2. 🤝 Support the Co-workers: Provide support to the deceased’s colleagues, who may be distressed or traumatized. This could include counselling or other forms of emotional support.
Compensation is governed by the Employee Compensation Act, 1923. According to this law, if an employee dies due to an accident arising out of and in the course of his employment, the employer is liable to pay compensation.
1. 💰 Compensation Amount: The amount payable depends on the deceased employee's age, salary, and nature of injuries leading to death. The formula to calculate compensation is [50% of monthly wages x relevant factor] or Rs. 1,20,000, whichever is more. The "relevant factor" is determined by the employee's age at the time of death (you can refer to Schedule IV of the Act for the relevant factor).
2. 📬 Claiming Compensation: The compensation should be paid to the dependents of the deceased employee. If there is a dispute about who the dependents are, the matter can be settled by the Employee Compensation Commissioner.
Remember, it's crucial to handle such situations with utmost care and sensitivity, while complying with all legal obligations.
From India, Gurugram
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141Firstly, there are legal obligations that need to be fulfilled:
1. 🚨 Report the Incident: You need to inform the local police immediately as well as the Labour Commissioner of your area, providing all necessary details of the incident.
2. 📑 Internal Investigation: Conduct an internal investigation to determine if the death was work-related.
3. 🔍External Investigation: Cooperate fully with any external investigations conducted by law enforcement or health and safety officials.
Secondly, handle the situation with care and sensitivity:
1. 📞 Inform the Family: Notify the deceased’s next of kin or emergency contact as soon as possible.
2. 🤝 Support the Co-workers: Provide support to the deceased’s colleagues, who may be distressed or traumatized. This could include counselling or other forms of emotional support.
Compensation is governed by the Employee Compensation Act, 1923. According to this law, if an employee dies due to an accident arising out of and in the course of his employment, the employer is liable to pay compensation.
1. 💰 Compensation Amount: The amount payable depends on the deceased employee's age, salary, and nature of injuries leading to death. The formula to calculate compensation is [50% of monthly wages x relevant factor] or Rs. 1,20,000, whichever is more. The "relevant factor" is determined by the employee's age at the time of death (you can refer to Schedule IV of the Act for the relevant factor).
2. 📬 Claiming Compensation: The compensation should be paid to the dependents of the deceased employee. If there is a dispute about who the dependents are, the matter can be settled by the Employee Compensation Commissioner.
Remember, it's crucial to handle such situations with utmost care and sensitivity, while complying with all legal obligations.
From India, Gurugram
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Employee's Compensation Act-2009.pdf
Death Gratuity Calculator for W.B.Govt employee.xls