Civil Procedure Code (CPC)

Death of a waiter due to covid

This query is : Resolved 

Online (Querist)
22 June 2021

A person was working as a waiter in a hotel . He got covid positive and died in the hotel.
Is his family entitled to any compensation or remuneration from the hotel owner under the labour code or any other act ? Kindly suggest suitable legal remedy

Sudhir KumarOnline (Expert)
23 June 2021

was he EPFO/ESI covered.

Shashikant V. PatilOnline (Expert)
23 June 2021

You can take up this matter to Labour Commissioner against the hotel management for their mismanagement and negligence and not followed the due hygienic care of their staff and not provided any medical treatment to his employee being affected by Covid . Also instead of sending him for isolation got the service from him in such covid positive condition and died in Hotel. You can claim for compensation against the Hotel Management .

P. Venu Online (Expert)
23 June 2021

There are no specials provisions for death due to Covid.. However, he is entitled for all the benefits in respect of a similarly placed employee while dying in service.

Advocate Bhartesh goyalOnline (Expert)
23 June 2021

If any employee dies due to any reason on his duty of employment then he is legally entitled to get all the service benefits.

Sudhir KumarOnline (Expert)
23 June 2021

was he EPFO & ESI covered?

ashok kumar singhOnline (Expert)
24 June 2021

agreed with views of earlier experts, therefore no further comments, so far.

T. Kalaiselvan, Advocate Online (Expert)
25 June 2021

He is not benefited for the accident death benefits for the death due to covid.
However since he is reported to have died in harness, he is entitled to the death/terminal benefits from the management of his firm/organisation as per law.

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