Brother death claims Brother death claims

9 months ago

My brother death in 2015
My father death in 2020
Bcz of brother tension he was heart patient
My brother company in AMTEK AUTO ltd
Maine company sae kafi try kiaa ki kch wo mamma k liye krae she was single but no help providing in her side
Please give them 1 solution what should i do

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
If your brother's death was caused in the course of or arising out of employment, then as per Employees Compensation Act, 1923, he is entitled to death compensation from his Company. But in case of natural death of the brother, he is not entitled to compensation from the employer. Under Section 3 (1) of the Employees Compensation Act, 1923, 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. If it is proved in front of the court Compensation Commissioner, that the death was caused by an accident that occurred out of or in the course of the employment, then the heirs of the employee shall be entitled to receive compensation from the Employer and the onus of proving that the harm is caused out of or during the course of the employment is only upon the employee in this situation and not the employer. Reach out to an Advocate for guidance and steps.
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Anonymous

Replied 9 months ago

Then what should EPS (scheme) sir
Then company not should be reliable any help my mother you can say i m right sir??

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Legal Counsel Vidhikarya

Replied 9 months ago

If the Company is registered under EPF Act and your brother was a member of EPF Scheme and EPS Scheme nominating your mother, then on the death of the member employee his nominee or surviving family members is eligible for the payment of the accumulated amount of PF account and the family pension under EPS.

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