death of an employee
10 months ago
what is the liability on the employer's part to the eployee's family if the employee dies on-duty outside the office premises.
A.Dear Client,
Under Employees Compensation Act, 1923, every employee/worker (including those employed through a contractor) who suffers any injury due to an accident arising out of and in the course of his employment, shall be entitled to compensation under this Act. There is no wage limit for a worker for becoming eligible for compensation under the Act. However, where the monthly wage of a worker is more than Rs.4, 000 is taken to be only Rs.4, 000 for calculating compensation either in case of death or permanent total disablement. Establishments that are covered under ESI Act, 1948, are kept outside the purview of this Act because the same benefit is provided under ESI Act, 1948 for disablement and death to the workmen and their dependents. Section 3(1) of the said Act states that “if personal injury is caused to an employee by accident arising out of and in the course of his employment: his employer shall be liable to pay compensation in accordance with the Chapter II of Employees Compensation Act, 1923 to their employees, their family members applying the doctrine of Notional Extension which include both in time and place and a workman may be regarded as in the course of his employment whether he has not reached or has left the premises of his employer. Being the proposition of relevant law, the Employer is liable to pay compensation in terms of Sec.4 and 5 of the Act to the family of the employee who dies due to an accident arising out of and in the course of his employment even outside the office premises applying the doctrine of notional extension. So, in case of denial by the employer, the family of the deceased employee should approach the Commissioner, Employees Compensation appointed under Sec.20 of the Act under whose jurisdiction the establishment falls.
In case you need any assistance to lodge your claim either before the Employer or the Commissioner, Employees' Compensation, you may contact our legal team with all papers.
Under Employees Compensation Act, 1923, every employee/worker (including those employed through a contractor) who suffers any injury due to an accident arising out of and in the course of his employment, shall be entitled to compensation under this Act. There is no wage limit for a worker for becoming eligible for compensation under the Act. However, where the monthly wage of a worker is more than Rs.4, 000 is taken to be only Rs.4, 000 for calculating compensation either in case of death or permanent total disablement. Establishments that are covered under ESI Act, 1948, are kept outside the purview of this Act because the same benefit is provided under ESI Act, 1948 for disablement and death to the workmen and their dependents. Section 3(1) of the said Act states that “if personal injury is caused to an employee by accident arising out of and in the course of his employment: his employer shall be liable to pay compensation in accordance with the Chapter II of Employees Compensation Act, 1923 to their employees, their family members applying the doctrine of Notional Extension which include both in time and place and a workman may be regarded as in the course of his employment whether he has not reached or has left the premises of his employer. Being the proposition of relevant law, the Employer is liable to pay compensation in terms of Sec.4 and 5 of the Act to the family of the employee who dies due to an accident arising out of and in the course of his employment even outside the office premises applying the doctrine of notional extension. So, in case of denial by the employer, the family of the deceased employee should approach the Commissioner, Employees Compensation appointed under Sec.20 of the Act under whose jurisdiction the establishment falls.
In case you need any assistance to lodge your claim either before the Employer or the Commissioner, Employees' Compensation, you may contact our legal team with all papers.
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