Death of a waiter due to covid
Shaher yar
(Querist) 22 June 2021
This query is : Resolved
Hello
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
Shashikant V. Patil
(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
(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 goyal
(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.
ashok kumar singh
(Expert) 24 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks
T. Kalaiselvan, Advocate
(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.
