Pragnesh R Patel (Sr. Executive - HR & IR) 04 January 2014

Death on job !

Respected People,

Since the death of my close friend due to Heart Attack on job, i have been planning to be guided to go for the litigation. The relevant details are as under.

He was working with Engineering company located in Gujarat. ESIC is applicable there, But since his wages are in excess of 15000/- he was not entitled to receive any benefits from ESIC.

Its very tough for his family to survive without his income since he was only the person earning in his home.

Employer clearly refused to pay any compensation, but now he is showing his readiness to pay but the offered amount is not more than 1 Lac which is very less i suppose......

can i have any alternate ?????????? if ESIC is applicable to any organization, but if salary is over and above the said limit, can employer escape from his liability by saying that he was earning more than higher limit under ESIC? Can employer refuse to pay based on such ground.

is he liable to go for an insurance for the employees who are not covered under ESIC? can v force him to pay the sum for this?

pl. guide me .....

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 January 2014

He is eligible for gratuity if he works minimum 5 years in that co.The sub-section (2) of Section 4 of the Payment of Gratuity Act, 1972 provides for payment of gratuity to the employees at the rate of fifteen days’ wages based on the rate of wages last drawn for every completed year of service.

Kumar Doab (FIN) 04 January 2014

The claimant may apply for Gratuity (Submit FormI), EPF,EPS, EDLI, ECA, Group Insurance, (the service period up to 58 years may be there in any insurance coverage), as a nature of goodwill & humanitarian gesture ex-gratia amount from employer to the deceased persons family members

All companies have policies regarding Accidents & deaths occurring to employees during their tenure of employment.

Death due to heart attack may be attributable to any specified injury by accident arising out of and in the course of employment.................................!!!!

Madras High Court

The Managing Director vs Unknown on 8 April, 2011

https://indiankanoon.org/doc/315296/

11................... claimants to establish the existence of the circumstances that the nature of the employment is such and involves stress and strain and the heart attack is caused due to some risk incidental from the duties of the service and the nature of duties contributed to the death and there is thus crucial link between the employment and death and such a link cannot be a matter of surmise or conjecture and no legal fiction can be raised in this regard.

16......................... As heart attack leading to death of the employee is held to be caused due to strenuous nature of work and is hence construed to be employment injury occurred in the accident arising out of and in the course of employment.

>>Karnataka High Court

The Divisional Controller, North ... vs Sangamma And Ors. on 15 June, 2004

https://indiankanoon.org/doc/1626496/?type=print

The strain of the work resulting into heart attack will fasten the liability on employer for paying compensation.

>> Supreme Court of India

Shakuntala Chandrakant Shreshti vs Prabhakar Maruti Garvali & Anr on 10 November, 2006

https://indiankanoon.org/doc/405550/?type=print

>> Consult a labor consultant/service lawyer and lawyer specializing in law of torts.

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