esic

The claim should be filed by the dependants of the employee. There are Employees'  Insurance Courts for resolution of disputes. Endorse the claim that the employee was on duty of the employer. 

The accident might have reported and F.I.R. been registered for evidence,the employee, based on the instructions of Employer or any superior who was responsible,might have travelled out of premises, than only it will become an "employment injury". Once the accident confirmed as employment injury there will not be any obstacle to get dependent benefit- (OR) the ESI/Labour Court is there to render justification to the aggreieved.

Mr. Kuppusamy  or any one

kindly clarify my doubt

One of person enaged a contract from one small comp. the invidual not

regd a contract to the govt and also not paid any s'tory dues i.e p f,esi

the company also not insist to pay the P F / ESI.

the invidual passed while he is working in the company. the death is

confirmed from the hospital  not inside the fatory permises.

cause of death is he is heart attack.  now his family suppering day to day

life. the organisation so for not given any help but he has worked more than

10 years in the same company.

thiere is any possibility for  w c claim or pension or any other help

kindly give advise to help them

thanks

If the employee suffered a heart attack while on duty though the death occured later in hospital, it can be in some cirucmstances said that death occured during the course and out of employment. There are cases where the driver or conductor of a lorry suffered and died due to an heart attack, while on duty, and it was held that the injury or heart attack was due to hard and over working.

File a cliam under WC Act

WE HAVE SUBMITTED THE CLAIM REPORT TO THE ESIC DEP DELHI.

NOW THE PROBLEM IS THE EMPLOYEES FAMILY IS VERY ANGRY WITH US.THEY ARE DEMANDING EXTRA MONEY FROM US. WE REALLY WANT TO GIVE THEM MONEY, BUT THEY DEMANDING VERY HIGH. IF THE ESIC AMT PASSES, THEN THEY WILL GET 3000RS APPROX EVERY MONTH.

THE SALARY OF THE EMPLOYEE WHICH DIED WAS 2800RS.                      

SHE DIED ON 2ND FEB2008. SO CAN WE CLAIM COMPENSATION .THE EMPLOYEES FAMILY ARE VERY POOR, THEY HAVE BEEN SUFFERING DUE TO THIS LATE COMMITTED BY THE ESIC.

SO WHAT CAN WE DO  TO RECOVER THE ESIC AMT FAST AND SHOULD WE ASK FOR COMPENSATION?AND HOW MUCH THE COMPANY PAY THE EMPLOYEES FAMILY AS COMPENSATION?

PLS HELP.

Employee means from the day one of his appointment -rendering service for remunaration, [as per ESI ceiling Rs.10,000/-p.m & EPF Rs.6500/-(Ba+DA)p.m.] coverable under ESI & EPF. The instant case is not even an occupational Diseases,occured at his residence. Better try in EPF you can get the dependent Benefit, the agrreived party should file a complaint for non membership for the deceased person's service years, If the documentary evidences are in favour to the aggreived defenately they can get the benefit. 

respected sir,

but  we have been paying premium for esic, then how can they give us the death benefit claim under EPF. pls also make us understand abt EPF.

Where an employee worked in the company which under the purview of ESI & EPF Act, it will not suitable to claim workmen Compensation, because the benefitable Scheme  is in ESI try with available source that the employee is working as an employee in the particular company before his death. And confirm/ produce recordical evidence that the employee's death happened in the factory premisses( or outside the premisses but with the knowledge of the employer or his Superior's advice went out of the factory premises.) either he has enrolled or not if his salary is within the limit of ESI ceiling if you are ready to produce the documentary evidence before the appropriate authority. They will take care of theemployee's dependents. Full details required please come forward.