Dear All,
An employee in our Delhi branch died in an road accident on 28 feb 2008 and we have informed the local office of the accident within 48 hours of his dismissal, Stating that the accident occurred while he was returning office after inspection.
Please help me out with my following queries.
1. Can the dependant of the deceased employee avail any kind of medical facility any more , as his wife is pregnant do we have any rules / benefit under ESIC to help her.
2. Do we need to continue his contribution to ESIC any further
3. What should be my next step as an HR
4. What all document do I need to keep ready for any kind of inspection form the ESIC?
Please help
Thanks & Regards
Shraboni
From India, Mumbai
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An employee in our Delhi branch died in an road accident on 28 feb 2008 and we have informed the local office of the accident within 48 hours of his dismissal, Stating that the accident occurred while he was returning office after inspection.
Please help me out with my following queries.
1. Can the dependant of the deceased employee avail any kind of medical facility any more , as his wife is pregnant do we have any rules / benefit under ESIC to help her.
2. Do we need to continue his contribution to ESIC any further
3. What should be my next step as an HR
4. What all document do I need to keep ready for any kind of inspection form the ESIC?
Please help
Thanks & Regards
Shraboni
From India, Mumbai
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In order to be eligible for accident (death) benefit he should be on duty. He should have gone out of the factory/ office during the office hours and after making entries in the Staff Movement Register (if maintained)
Get an copy of the FIR/ Mahazar prepared by the local police. Make entries in the Accident Book which is under your custody. Ensure that the employee had signed in the muster roll on the day. If there was any withness from your company who was accompanying the deceased employee take his statement . (that will be done by the ESI Inspector also)
Also ensure that the company has been regular in respect of remitting the ESI contributions.
The rest is according to the ESI Act. The benefits as applicable will be given to the dependants of the deceased.
Hereafter his name will be removed from the roll. The same should be stated in the Muster roll. No salary accrues hereafter and hence no deduction and contribution of ESI/ EPF.
Regards,
Madhu.T.K
From India, Kannur
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4767Get an copy of the FIR/ Mahazar prepared by the local police. Make entries in the Accident Book which is under your custody. Ensure that the employee had signed in the muster roll on the day. If there was any withness from your company who was accompanying the deceased employee take his statement . (that will be done by the ESI Inspector also)
Also ensure that the company has been regular in respect of remitting the ESI contributions.
The rest is according to the ESI Act. The benefits as applicable will be given to the dependants of the deceased.
Hereafter his name will be removed from the roll. The same should be stated in the Muster roll. No salary accrues hereafter and hence no deduction and contribution of ESI/ EPF.
Regards,
Madhu.T.K
From India, Kannur
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My Friend, You can ask for the procedure in the first link...........Hope u will get the reply........ask them 3-4 times...........u will surely get reply......... Viral Shah
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The user reply does not address the queries related to the deceased employee's situation. It lacks relevant information and guidance for the HR queries raised.
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Dear Shraboni
The replies given by Madhu is correct.
Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.
As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa
Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.
No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.
As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.
Please also help family to file MV Tribunal case and follow up seperately.
you are welcome to contact me at
or 09944190441, if you need further advice.
O. Abdul Hameed
Formerly Additional Commissioner, ESIC New Delhi
Presently Group General Manager, Corporate group
From India, Coimbatore
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The replies given by Madhu is correct.
Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.
As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa
Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.
No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.
As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.
Please also help family to file MV Tribunal case and follow up seperately.
you are welcome to contact me at
O. Abdul Hameed
Formerly Additional Commissioner, ESIC New Delhi
Presently Group General Manager, Corporate group
From India, Coimbatore
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(Fact Checked)-The user reply contains accurate information and provides comprehensive guidance on the entitlements and procedures to be followed in the case of the deceased employee. The details provided align with the relevant laws and practices. (1 Acknowledge point)
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Dear Shraboni
The replies given by Madhu is correct.
Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.
As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa
Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.
No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.
As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.
Please also help family to file MV Tribunal case and follow up seperately.
you are welcome to contact me at oahamidyahoo.com
or 09944190441, if you need further advice.
O. Abdul Hameed
Formerly Additional Commissioner, ESIC New Delhi
Presently Group General Manager, Corporate group
From India, Coimbatore
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The replies given by Madhu is correct.
Firstly as an HR officer, it is the moral (more than official duty) of HR to ensure that everything needed is done for the dependentd, to get ESI and other accident insurance, Motor vehicle tribunal claim, gratuity, PF and PF pension to family, Deposit linked pension from EPF, accident insurance from EPF (I think about 60000) salary and bonus arrears and any other special schemes that the company has in case of such death while on duty. Your house journal or bullettin board should inform all others, as to what all you/Company did to help the family. This is importnt not only for the dependants but also the co-employees, who should know about the committment of the Emplohyer is such case to build up morale and loyalty.
As for ESI law, if he was returning from duty, I believe he was either travelling in Company vehicle or was authorised to take hired vehicle at Company expence, since he was coming back after some inspection. Hence this is duty travel and his family is entitled to get death benefit, which will be approximately 70% (I think it is 75% now) of the last wage. If travel outside the factory wa
Documets required are FIR, Post mortem report, if any, scene mahazar etc (which are obtainable from Police), copy of his wage and attendance regisgter for the day, documents to proove that he was send on duty and was returning from duty (such as delivery challan, inter office memo, inspection report, a letter from the party where he has gone for inspection to confirm at what time he reached, duration of inspection, time leaving that place, which should reconcile with the time of accident), your time office or other movement register where the employee has to take out pass for moving out while on duty, statement from the concerned superior stating that he was send on duty at such and such place, and that inspection was his duty, the voucher showing advance for travel expece paid if any, previous voucers of similar TA/DA etc. In other words, the ESI department should satisfy that he was indeed on official work only. His salary till the date should be paid to family and this record also need to be shown.
No further contribution need to be paid from the day next to the death. However, salary to be paid on the date of death.
As for the medical benefit, Maternity Care in ESI Hospitl, his family will get this provide he was enjoying "Benefit Period". This means if he was working for over Nine month, and had minimum 78 days contribution period during the half year . He died on 28.2.2008, which means he will come under Benefit Period starting from 1 Jan 2008 to 30 Jun 2008, for which the relevant contribution period is April 2007 to 30 Sep 2007. If ESI conributin in respect of his was paid at least for 78 days during April 2007 to Sep 2007, the his family will get all medical care including confinement from ESI hospital fofr wife during the peirod up to 30 Jun 2008, and no thereafter.
Please also help family to file MV Tribunal case and follow up seperately.
you are welcome to contact me at oahamidyahoo.com
or 09944190441, if you need further advice.
O. Abdul Hameed
Formerly Additional Commissioner, ESIC New Delhi
Presently Group General Manager, Corporate group
From India, Coimbatore
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(Fact Check Failed/Partial)-The information provided in the user reply contains several inaccuracies regarding ESIC benefits, contributions, and procedures. Amendment required.
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Dear Mr.Hameed,
It is very good..!Experienced people like you will make all new entries in the HR more easier to face the risks.Keep answer in this explanatory manner for any ESIC query.Thank you once again.
Regards,
Keshav Reddy.
From India, Bangalore
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It is very good..!Experienced people like you will make all new entries in the HR more easier to face the risks.Keep answer in this explanatory manner for any ESIC query.Thank you once again.
Regards,
Keshav Reddy.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply does not address the queries or provide accurate information related to the employee's death and ESIC benefits. Please refer to the original post for the queries and provide relevant information.
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Dear Shraboni,
Apart from the Statutory benefits, I think all employee members of your organisation should also collect some contribution and help to the deceased employee's dependent.
Thanks
Rashmi Pandey
From India, Calcutta
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Apart from the Statutory benefits, I think all employee members of your organisation should also collect some contribution and help to the deceased employee's dependent.
Thanks
Rashmi Pandey
From India, Calcutta
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(Fact Check Failed/Partial)-The user reply is incorrect. Apart from voluntary contributions, there are no legal obligations for employees to collect contributions for the deceased employee's dependents. It's essential to adhere to statutory benefits only.
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Dear abdul hameed sir,
your informations are too valuable for all who are working as an H.R. but sir , i could not find the informations regarding in which way the company H.R should complete the entire formalities and other cares and aids direcftly to his family. because the family of the dead employee cannt appear directly when, she is pregnent. othervise his parents could not come to apply the benefits due to age and ill health. so as a H.R, we should help the family of the employee who was our subbordinate, also with humanity. So i request you to plz guide me
1, what are the financial aids, the company have to give to his family voluntarily than gratuity and pf?
2, what are the other proceedurs to complete all other police case & other formalities?
Then only the remaining employees will have a wish and a good will on the company and also with the H.R. and also they will think to contribute to the company with full cooperation. othervise they cannt respect the H.R. and the H.R will be inactive under their estimation. need your proper guidence. thanking you.
Sathish
From India, Madras
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your informations are too valuable for all who are working as an H.R. but sir , i could not find the informations regarding in which way the company H.R should complete the entire formalities and other cares and aids direcftly to his family. because the family of the dead employee cannt appear directly when, she is pregnent. othervise his parents could not come to apply the benefits due to age and ill health. so as a H.R, we should help the family of the employee who was our subbordinate, also with humanity. So i request you to plz guide me
1, what are the financial aids, the company have to give to his family voluntarily than gratuity and pf?
2, what are the other proceedurs to complete all other police case & other formalities?
Then only the remaining employees will have a wish and a good will on the company and also with the H.R. and also they will think to contribute to the company with full cooperation. othervise they cannt respect the H.R. and the H.R will be inactive under their estimation. need your proper guidence. thanking you.
Sathish
From India, Madras
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. Here are the corrections: 1. Financial aids beyond gratuity and PF depend on the company's policy; there's no mandatory provision. 2. HR should support the family with legal formalities, not financial aid alone.
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Dear All,
Greetings,
One of our employees had gone to his native place. Unfortunately, he died in a private hospital on 18.08.2014. He has two children and a wife.
Kindly help me out with the following queries:
1. Can the dependents of the deceased employee get medical facilities from ESIC?
2. What documents should be submitted for PF claims and pension for dependents, and how much pension can they receive?
3. After how many days can the deceased's wife file claim forms following the deceased's death?
4. Can she claim a pension from ESIC?
5. What kind of benefits can she receive from ESIC and EPFO?
Please assist us.
Thanks and Regards,
R.L. Pal
From India, New Delhi
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Greetings,
One of our employees had gone to his native place. Unfortunately, he died in a private hospital on 18.08.2014. He has two children and a wife.
Kindly help me out with the following queries:
1. Can the dependents of the deceased employee get medical facilities from ESIC?
2. What documents should be submitted for PF claims and pension for dependents, and how much pension can they receive?
3. After how many days can the deceased's wife file claim forms following the deceased's death?
4. Can she claim a pension from ESIC?
5. What kind of benefits can she receive from ESIC and EPFO?
Please assist us.
Thanks and Regards,
R.L. Pal
From India, New Delhi
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies regarding the Employee's State Insurance Corporation (ESIC) and Provident Fund (PF) benefits for the deceased employee's dependents. Please see the correct information for each query below. 1. ESIC does provide medical benefits to dependents of deceased employees. The benefits include funeral expenses, periodical payments to dependents, and medical benefits for dependents. The wife can avail medical facilities from ESIC. 2. For PF claims and pension, the dependents need to submit Form 20 and Form 10D respectively to the EPFO. The pension amount is calculated based on the deceased employee's service period and pensionable salary. 3. The wife can file for claim forms immediately after the deceased employee's death. 4. The wife can claim a pension from ESIC under certain conditions. 5. The benefits from ESIC include medical benefits for dependents and funeral expenses, while EPFO provides pension benefits. Please ensure the correct procedures are followed to assist the deceased employee's family effectively.
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Sir,
1. Regarding claims for benefits under the ESI Act, 1948, it needs to be clarified whether the worker/employee was covered as an employee under the said Act at the time of his death.
2. Was the employee's death a result of an accident or employment injury that occurred during the course of his employment at the unit where he was working?
3. Was the private hospital, where the employee received treatment, affiliated with ESIC, and was his case referred by ESIC for treatment?
Thank you.
From India, Noida
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1. Regarding claims for benefits under the ESI Act, 1948, it needs to be clarified whether the worker/employee was covered as an employee under the said Act at the time of his death.
2. Was the employee's death a result of an accident or employment injury that occurred during the course of his employment at the unit where he was working?
3. Was the private hospital, where the employee received treatment, affiliated with ESIC, and was his case referred by ESIC for treatment?
Thank you.
From India, Noida
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(Fact Check Failed/Partial)-The user reply is partially correct. They have asked relevant questions to determine the eligibility of the deceased employee's dependents for ESI benefits. However, they should also consider the specific circumstances of the accident and the employment status of the deceased employee.
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. The Employee's State Insurance Act, 1948 provides benefits to dependents in case of an employee's death regardless of being on duty or off duty. The ESIC contribution should continue until the date of the employee's death. The company must fulfill all obligations as per the ESI Act.