What is the compensation applicable for the worker, If he died (natural death) at labour colony @ night? Construction field, while he is not on duty. PLEASE CLARIFY, MOST URGENT.
From India, Warangal
7From India, Warangal
Dear friend,
Your post needs elaboration.
Whether the deceased was a construction worker?
If so whether he was employed through a contractor?
Whether he stayed on the particular night at the quarters/shed provided in the or adjacent to the construction site?
Whether his body was subjected to post mortem?
What was the reason mentioned in the postmortem report as the cause of death?
From India, Salem
Your post needs elaboration.
Whether the deceased was a construction worker?
If so whether he was employed through a contractor?
Whether he stayed on the particular night at the quarters/shed provided in the or adjacent to the construction site?
Whether his body was subjected to post mortem?
What was the reason mentioned in the postmortem report as the cause of death?
From India, Salem
Sir
Whether the deceased was a construction worker?
Yes
If so whether he was employed through a contractor?
Yes
Whether he stayed on the particular night at the quarters/shed provided in the or adjacent to the construction site?
Yes
Whether his body was subjected to post mortem?
Yes
What was the reason mentioned in the postmortem report as the cause of death?
Heart Stroke
From India, Warangal
Whether the deceased was a construction worker?
Yes
If so whether he was employed through a contractor?
Yes
Whether he stayed on the particular night at the quarters/shed provided in the or adjacent to the construction site?
Yes
Whether his body was subjected to post mortem?
Yes
What was the reason mentioned in the postmortem report as the cause of death?
Heart Stroke
From India, Warangal
Dear Rupesh,
The construction worker died at night while staying in the shelter provided in the construction site after the day's work. The cause of death revealed in the postmortem certificate can be attributed to the hard physical labor generally involved in the construction work and if the employee had any previous history of heart ailment or he was an aged person, the work done by him on that particular day could have been an aggravating factor for the heart attack later during the same night.
Thus, there is every possibility for the dependents of the deceased employee to claim compensation under the Employees Compensation Act,1923 that the heart attack causing death was due to the stress and strain involved in the construction work on the fateful day deeming it as an accident arising out of and in the course of employment against both the Principal Employer and the Contractor in the absence of ESI coverage.
If the contractor has taken an insurance policy covering his liability under the EC Act,1923, the insurer would be liable to pay the compensation claimed. Otherwise, the Principal Employer would be liable to pay the compensation first and recover it from the contractor later.
From India, Salem
The construction worker died at night while staying in the shelter provided in the construction site after the day's work. The cause of death revealed in the postmortem certificate can be attributed to the hard physical labor generally involved in the construction work and if the employee had any previous history of heart ailment or he was an aged person, the work done by him on that particular day could have been an aggravating factor for the heart attack later during the same night.
Thus, there is every possibility for the dependents of the deceased employee to claim compensation under the Employees Compensation Act,1923 that the heart attack causing death was due to the stress and strain involved in the construction work on the fateful day deeming it as an accident arising out of and in the course of employment against both the Principal Employer and the Contractor in the absence of ESI coverage.
If the contractor has taken an insurance policy covering his liability under the EC Act,1923, the insurer would be liable to pay the compensation claimed. Otherwise, the Principal Employer would be liable to pay the compensation first and recover it from the contractor later.
From India, Salem
Dear Colleague,
This is a common scenario in all construction sites / construction industry. You had rightly done post-mortem. If you are very sure that this is a natural death there may not be any compensation applicable. But as rightly said by our learned colleague, later there may be claim connecting his employment on that day of incident and quoting that he was further stayed in the shelter provided by the employer etc. Hence you need to wait for any claim under Employees' Compensation Act 1923 and then you can respond legally at that time. You may engage a legal counsel and go on merit before the Commissioner for which you have to keep all relevant documents.
However, take the family in to confidence and having died in the premises / shelter provided you may approach this subject on humanitarian basis. May be support for funeral and employment for ward etc. Any monetary compensation you directly settle to the wards will not amount to Legal Compensation under the Employees'' Compensation Act 1923 and if there is a legal claim later, what ever amount you paid, it will not be counted and again your employer need to settle compensation before the commissioner. Hence handle with care. Do all possible settlements like PF/ EDLI/ Pension benefits/ any other voluntary cash assistance etc. In case of compensation only it has to be considered before the WC Commissioner as and when any legal case arises later date. Again it is suggested to extend all humanitarian support and benefits possible as he had worked for the company and the family lost him. Take care and when some one is lost we should support to the maximum extent possible.
From India, Chennai
This is a common scenario in all construction sites / construction industry. You had rightly done post-mortem. If you are very sure that this is a natural death there may not be any compensation applicable. But as rightly said by our learned colleague, later there may be claim connecting his employment on that day of incident and quoting that he was further stayed in the shelter provided by the employer etc. Hence you need to wait for any claim under Employees' Compensation Act 1923 and then you can respond legally at that time. You may engage a legal counsel and go on merit before the Commissioner for which you have to keep all relevant documents.
However, take the family in to confidence and having died in the premises / shelter provided you may approach this subject on humanitarian basis. May be support for funeral and employment for ward etc. Any monetary compensation you directly settle to the wards will not amount to Legal Compensation under the Employees'' Compensation Act 1923 and if there is a legal claim later, what ever amount you paid, it will not be counted and again your employer need to settle compensation before the commissioner. Hence handle with care. Do all possible settlements like PF/ EDLI/ Pension benefits/ any other voluntary cash assistance etc. In case of compensation only it has to be considered before the WC Commissioner as and when any legal case arises later date. Again it is suggested to extend all humanitarian support and benefits possible as he had worked for the company and the family lost him. Take care and when some one is lost we should support to the maximum extent possible.
From India, Chennai
is Workmen Compensation applicable or not for that workmen ? please clarify sir.
From India, Warangal
From India, Warangal
Dear Colleague,
In this case the nexus between "CAUSE OF DEATH" and his " EMPLOYMENT" has to be properly examined based on all available factors/ documents/ fact finding by competent Medical Expert and by the Commissioner under the Employees Compensation Act 1923 to decide whether the WC claim is liable or not. This needs a proper deeper inquiry. Hence you may approach and discuss the matter with nearby Commissioner of Employees Compensation from Labour Department who is having jurisdiction of your area. This will be appropriate. Even if you are asking this question on behalf of the employee or on behalf of the employer / company the answer is applicable for both sides.
From India, Chennai
In this case the nexus between "CAUSE OF DEATH" and his " EMPLOYMENT" has to be properly examined based on all available factors/ documents/ fact finding by competent Medical Expert and by the Commissioner under the Employees Compensation Act 1923 to decide whether the WC claim is liable or not. This needs a proper deeper inquiry. Hence you may approach and discuss the matter with nearby Commissioner of Employees Compensation from Labour Department who is having jurisdiction of your area. This will be appropriate. Even if you are asking this question on behalf of the employee or on behalf of the employer / company the answer is applicable for both sides.
From India, Chennai
The question whether heart attack caused to a workmen is an employment injury actionable under the EC Act 1923 or not is a very complex legal question and has to be judicially determined by the Commissioner (the Labour Court Judge). As regards the point of law, there are several judgements at the high court level taking either of the views.
The sum and substance of the legal test is whether the employment conditions caused the heart attack or not. Here the nature of employment is the main factor, to what extent the job contributed to the physical stress and strain of the work. Another factor is the working condition like being exposed to extreme conditions like excessive heat, fumes, cold etc. Significant is the mental tension and stress caused due to strained relations with the superiors, inimical supervisors, unfriendly work environment, difficult targets set etc.. Yet another is the precipitative factor like denial of leave, promotion or such other employment issues. The health condition of the deceased employee also has a lot of importance, like if he has already had history of previous heart attacks, suffering from BP, diabetes etc. All these factors have to be assessed before the same is decided.
From India, Mumbai
The sum and substance of the legal test is whether the employment conditions caused the heart attack or not. Here the nature of employment is the main factor, to what extent the job contributed to the physical stress and strain of the work. Another factor is the working condition like being exposed to extreme conditions like excessive heat, fumes, cold etc. Significant is the mental tension and stress caused due to strained relations with the superiors, inimical supervisors, unfriendly work environment, difficult targets set etc.. Yet another is the precipitative factor like denial of leave, promotion or such other employment issues. The health condition of the deceased employee also has a lot of importance, like if he has already had history of previous heart attacks, suffering from BP, diabetes etc. All these factors have to be assessed before the same is decided.
From India, Mumbai
Dear colleagues,
It is premature to conclude decisively at this juncture when no facts are revealed by any investigation into the death of a contractor' s construction worker at the site.
Besides, whether there was any nexus between the the employment and the cause of the death, is not known. Nor any legal heir of the deceased worker has alleged such a nexus in any claim. In the absence of this, to offer any solution to the poster , at this stage, based on surmises or guesswork is unwarranted. The responses from the learned members are seen moving in circles without hitting the bull' eye in the absence of facts. Hence this post. No offence meant.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
It is premature to conclude decisively at this juncture when no facts are revealed by any investigation into the death of a contractor' s construction worker at the site.
Besides, whether there was any nexus between the the employment and the cause of the death, is not known. Nor any legal heir of the deceased worker has alleged such a nexus in any claim. In the absence of this, to offer any solution to the poster , at this stage, based on surmises or guesswork is unwarranted. The responses from the learned members are seen moving in circles without hitting the bull' eye in the absence of facts. Hence this post. No offence meant.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
If he was EPF member his spouse/ dependents are eligible for family pension & lumpsum amount under EDLI (EMPLOYEE DEPOSIT LINKED INSURANCE which is a part of EPF scheme, all members of EPF are EDLI members also, this amount is minimum of 2.5 lakh & maximum of 7.5 lakhs, there is a formula for this. for family pension and edli compensation you have to apply in a composite application form which can be down loaded from epfo site. 2 minor children below 25 will also get 25% of the pension eligible for spouse. a person who has contributed only for one month only for EPF is eligible whatever may be the cause of death. Minimum pension now is 1000 now but is under revision may be by February. Expectation is 3000 to 7500. Under ESIC also he is eligible for similar compensations, but I am not fully aware of this, I Think death has to be work related.
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From India, Thane
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From India, Thane
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