I am employing some staff, and two of them were given the work-from-home option. Among these two, one staff member fell sick while working, did not recover, and unfortunately passed away after some time.
Do I have to pay any compensation to the deceased employee? Can anybody elaborate and advise me?
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Do I have to pay any compensation to the deceased employee? Can anybody elaborate and advise me?
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Working from home is a new arrangement. Therefore, we are unable to give advice in the backdrop of any verdict from the court. But as the place from where the employee is working is expected to be a workplace, an accident caused in connection with the work shall come under the scope of an accident while and during the course of employment. In case the employee was under pressure of work, that you had tortured him mentally, and that torture could be the reason for his collapse, then also it will come under the scope of an accident attracting compensation. Obviously, if he was covered by ESI, compensation payable would be paid by the ESI Corporation. On the other hand, if he was not an ESI covered employee, then the compensation as per the Employees Compensation Act should be borne by the employer.
But all employees will not come under the purview of the Employees Compensation Act. Since yours is not a factory or plantation (a factory or plantation cannot work from home), it is presumed that your establishment is a shop or commercial establishment. In respect of such establishments, the employees who are employed in an activity listed in Schedule II of the Act, clerical persons, IT engineers, etc., are not employees for this purpose. Please refer to Schedule II of the Act.
From India, Kannur
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4758But all employees will not come under the purview of the Employees Compensation Act. Since yours is not a factory or plantation (a factory or plantation cannot work from home), it is presumed that your establishment is a shop or commercial establishment. In respect of such establishments, the employees who are employed in an activity listed in Schedule II of the Act, clerical persons, IT engineers, etc., are not employees for this purpose. Please refer to Schedule II of the Act.
From India, Kannur
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The employer had decided to allow the staff to work from home as a 'workplace' and has been receiving their services.
In the event of death while on the job, compensation is provided if a claim is submitted by the employee's next of kin to the appropriate authority under the Employee's Compensation Act, 1923. This act ensures payment of compensation to employees and their dependents in cases of injuries due to industrial accidents or certain occupational diseases arising during employment that result in death or disability (such as sickness from workload or work-related pressure imposed by the employer).
One must wait for the claim to be processed by the appropriate authority.
From India, Mumbai
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In the event of death while on the job, compensation is provided if a claim is submitted by the employee's next of kin to the appropriate authority under the Employee's Compensation Act, 1923. This act ensures payment of compensation to employees and their dependents in cases of injuries due to industrial accidents or certain occupational diseases arising during employment that result in death or disability (such as sickness from workload or work-related pressure imposed by the employer).
One must wait for the claim to be processed by the appropriate authority.
From India, Mumbai
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Hi Balanagendra Kumar,
I'm sorry to hear about the loss of your employee. The laws surrounding compensation for remote workers who fall ill and subsequently pass away can vary depending on the jurisdiction and the terms of their employment contract. Here are some general points to consider:
Workers' Compensation Laws:
In many jurisdictions, employees who sustain injuries or illnesses related to their work are covered by workers' compensation laws. Whether an illness contracted while working from home qualifies for workers' compensation will depend on the specific circumstances and the laws in your area.
Employment Contract:
Review the employment contract of the deceased employee. It may outline provisions regarding compensation in the event of illness or death. If there's any ambiguity, seek legal advice to interpret the contract.
Company Policies:
Some companies have policies in place for situations like this. Check your company's policies and procedures manual or consult with HR to understand any applicable policies regarding compensation for remote workers in such circumstances.
Compassionate Consideration:
Even if there are no legal obligations, you might consider providing some form of compensation or support to the family of the deceased employee out of compassion. This could include payment of any accrued benefits or a one-time payment to assist the family during this difficult time.
Legal Advice:
If you're unsure about your obligations or the best course of action, it's advisable to seek legal advice. A lawyer specializing in employment law can provide guidance tailored to your specific situation and help ensure that you handle the matter in a legally compliant and compassionate manner.
Ultimately, the specifics of the situation, including the laws in your jurisdiction and the terms of the employment contract, will determine whether compensation is required. It's essential to approach the situation with empathy and sensitivity while also ensuring that you fulfill any legal obligations.
Thanks
From India, Bangalore
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I'm sorry to hear about the loss of your employee. The laws surrounding compensation for remote workers who fall ill and subsequently pass away can vary depending on the jurisdiction and the terms of their employment contract. Here are some general points to consider:
Workers' Compensation Laws:
In many jurisdictions, employees who sustain injuries or illnesses related to their work are covered by workers' compensation laws. Whether an illness contracted while working from home qualifies for workers' compensation will depend on the specific circumstances and the laws in your area.
Employment Contract:
Review the employment contract of the deceased employee. It may outline provisions regarding compensation in the event of illness or death. If there's any ambiguity, seek legal advice to interpret the contract.
Company Policies:
Some companies have policies in place for situations like this. Check your company's policies and procedures manual or consult with HR to understand any applicable policies regarding compensation for remote workers in such circumstances.
Compassionate Consideration:
Even if there are no legal obligations, you might consider providing some form of compensation or support to the family of the deceased employee out of compassion. This could include payment of any accrued benefits or a one-time payment to assist the family during this difficult time.
Legal Advice:
If you're unsure about your obligations or the best course of action, it's advisable to seek legal advice. A lawyer specializing in employment law can provide guidance tailored to your specific situation and help ensure that you handle the matter in a legally compliant and compassionate manner.
Ultimately, the specifics of the situation, including the laws in your jurisdiction and the terms of the employment contract, will determine whether compensation is required. It's essential to approach the situation with empathy and sensitivity while also ensuring that you fulfill any legal obligations.
Thanks
From India, Bangalore
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As we are aware, matters concerning 'WFH' have been thrown open consequent to circumstances followed by 'Covid-19' impacts. I am afraid that relevant provisions of various acts and rules have not been amended suitably for these conditions. Elaborate case laws are necessary to clarify this issue.
Please read the contents in this link - https://economictimes.indiatimes.com/news/india/liability-to-pay-compensation-on-death-of-worker-arises-immediately-after-demise-sc/articleshow/90157257.cms?from=mdr
Liability to pay compensation on the death of a worker arises immediately after demise: SC
Synopsis: In the verdict, the apex court dealt with the provisions of the Employee's Compensation Act, 1923, while coming to the rescue of a family whose bread-earner had died of a snake bite in 2009 while cutting sugarcane in a field in Solapur district of Maharashtra.
Writing the judgment, Justice Shah dealt with the provisions of the Employee's Compensation Act and said the compensation has to be paid as soon as it falls due. The liability to pay compensation on the part of the employer would arise immediately on the death of a workman, and the interest would also be levied from the date of demise and not from the date of the order passed by the Commissioner, the Supreme Court said on Friday.
In the verdict, the apex court dealt with the provisions of the Employee's Compensation Act, 1923, while coming to the rescue of a family whose bread-earner had died of a snake bite in 2009 while cutting sugarcane in a field in Solapur district of Maharashtra. A bench of Justices M R Shah and B V Nagarathna termed as "unsustainable" the Bombay High Court's order. The Aurangabad bench of the high court had upheld the award of Rs 3.06 lakh to the family of the workers.
However, the high court modified the aspect of the Commissioner's order regarding interest and said simple interest at the rate of 12 per cent would be charged after one month from the date of the compensation order and not from the date of death. Writing the judgment, Justice Shah dealt with the provisions of the Employee's Compensation Act and said the compensation has to be paid as soon as it falls due.
"Therefore, on the death of the employee/deceased immediately, the amount of compensation can be said to be falling due. Therefore, the liability to pay the compensation would arise immediately on the death of the deceased," it said.
"The liability to pay the compensation would arise from the date on which the deceased died for which he is entitled to the compensation and therefore, the liability to pay the interest on the amount of arrears/compensation shall be from the date of the accident and not from the date of the order passed by the Commissioner," it said.
As per the case records, a workman had died of a snakebite in the sugarcane field on November 29, 2009, and as neither the sugar factory nor the contractor paid the compensation, the family members moved a claim petition before the Commissioner Workmen's Compensation at Beed and claimed Rs 5 lakh.
By order in 2017, the Commissioner allowed the plea and asked the Chairman, Vithalrao Shinde Sahakari Sakhar Karkhana Ltd, and others to pay the compensation of Rs 3.06 lakh along with simple interest at the rate of 12 per cent from the date of the accident.
From India, Bangalore
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Please read the contents in this link - https://economictimes.indiatimes.com/news/india/liability-to-pay-compensation-on-death-of-worker-arises-immediately-after-demise-sc/articleshow/90157257.cms?from=mdr
Liability to pay compensation on the death of a worker arises immediately after demise: SC
Synopsis: In the verdict, the apex court dealt with the provisions of the Employee's Compensation Act, 1923, while coming to the rescue of a family whose bread-earner had died of a snake bite in 2009 while cutting sugarcane in a field in Solapur district of Maharashtra.
Writing the judgment, Justice Shah dealt with the provisions of the Employee's Compensation Act and said the compensation has to be paid as soon as it falls due. The liability to pay compensation on the part of the employer would arise immediately on the death of a workman, and the interest would also be levied from the date of demise and not from the date of the order passed by the Commissioner, the Supreme Court said on Friday.
In the verdict, the apex court dealt with the provisions of the Employee's Compensation Act, 1923, while coming to the rescue of a family whose bread-earner had died of a snake bite in 2009 while cutting sugarcane in a field in Solapur district of Maharashtra. A bench of Justices M R Shah and B V Nagarathna termed as "unsustainable" the Bombay High Court's order. The Aurangabad bench of the high court had upheld the award of Rs 3.06 lakh to the family of the workers.
However, the high court modified the aspect of the Commissioner's order regarding interest and said simple interest at the rate of 12 per cent would be charged after one month from the date of the compensation order and not from the date of death. Writing the judgment, Justice Shah dealt with the provisions of the Employee's Compensation Act and said the compensation has to be paid as soon as it falls due.
"Therefore, on the death of the employee/deceased immediately, the amount of compensation can be said to be falling due. Therefore, the liability to pay the compensation would arise immediately on the death of the deceased," it said.
"The liability to pay the compensation would arise from the date on which the deceased died for which he is entitled to the compensation and therefore, the liability to pay the interest on the amount of arrears/compensation shall be from the date of the accident and not from the date of the order passed by the Commissioner," it said.
As per the case records, a workman had died of a snakebite in the sugarcane field on November 29, 2009, and as neither the sugar factory nor the contractor paid the compensation, the family members moved a claim petition before the Commissioner Workmen's Compensation at Beed and claimed Rs 5 lakh.
By order in 2017, the Commissioner allowed the plea and asked the Chairman, Vithalrao Shinde Sahakari Sakhar Karkhana Ltd, and others to pay the compensation of Rs 3.06 lakh along with simple interest at the rate of 12 per cent from the date of the accident.
From India, Bangalore
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx