Claim of death at foreign while employment

Satishkumar (Querist) 08 December 2014 This query is : Resolved
Good morning, Nice to once again getting in link with you all. My client's husband got expired while being employed in Malaysia. The Cause of his death was reported undetermined. What is the procedure to claim the death claim. Is there any Indian Ministry which can help my client for claiming the compensation? (or) Shall I take steps through Indian High Commission at Malaysia/ Malaysian High Commission at India?

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Devajyoti Barman (Expert) 08 December 2014
First contact with his employer. They could guide you for all the formalities.

Guest (Expert) 08 December 2014
What type of claims on death of the employee? Also whether he was directly employed by the Malasian employer or was deputed by some Indian employer/ recruiter?

Satishkumar (Querist) 08 December 2014
No doubt in contacting the employer. But if he will turn against my claim, what should i do?

Claims like under Workman Compensation Act. Yes he war directly employed to the Malaysian Employer.

Guest (Expert) 08 December 2014
The employee having been directly employed by the Malaysian employer, his case would be covered for compensation to his heirs under the Workmen's Compensation (Foreign Worker's Scheme) (Insurance) Order 1993, if he falls within any of the following categories:

(1) whose earnings were not more than RM500 per month, or
(2) irrespective wage limit, if he was a manual worker.

Rajendra K Goyal (Expert) 08 December 2014
Whether he was employed / recruited through Indian company or direct employment? If employer refuses and was directly recruited, the claim can be lodged as per law of that country.

Satishkumar (Querist) 20 December 2014
A 9 years old boy belongs to barber community. His father is a Shrilankan refugee. Mother is Indian. 1 year before he lost all of his right leg fingers while going to school in bike with his father. No complaint/FIR filed.
1. What are the reliefs available for this boy?
2. Weather any ministry is there for scholarship?
3. What is the disability percentage for this boy?
4. Whether any free medical aid is available for plastic surgery?
Please advise me

prabhakar singh (Expert) 20 December 2014
when you say the employee was husband but a refugee of shrilanka ,then no Indian law is going to help him.

Law of Malaysia would apply in the matter.

Guest (Expert) 20 December 2014
Better check with some NGO.

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