death benifit compensation from  a small medium enterprise firm named KAPCO TRADERS death benifit compensation from a small medium enterprise firm named KAPCO TRADERS

7 months ago

My Father died by brain hemorrhage on 25 Aug 2023 and he is not having any diseased history. Now his company didnt give any last monthly salary and incentives even they not give any death compensation for our family as he is the loyal employee who do salesman job. I Saw his whatsapp history where his seniors send message of asking about the payment of distributers of on and average 50 thousand to lacs. how unfair practises they following in businesses.

Anik

Responded 7 months ago

View All Answers
A.Dear client,
The Workmen Compensation Act mandates the employer to pay a compensation amount equal to 50% of the monthly wages of the deceased employee.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

View All Answers
A.Dear Client,
The job of a salesman involves hectic and tireless traveling jobs and causes strain and stress which may increase his BP and other ailments that may lead to the death of the workman on account of stroke, cerebral Hemorrhage and hypertension even having no past history of ailment. Such a death is treated as an accidental death caused in the course of employment and arising out of employment in the number of decisions/judgments passed by the Compensation Court and High Courts. So, in the circumstances, serving a legal notice to the Company, the widow of the deceased employee can make a claim application under Rule 8(1) of the Employee Compensation Rules, 1924 in Form G before the concerned Commissioner, Employees Compensation appointed by the State Govt. claiming death compensation as admissible under the Act. Reach out to an Advocate for guidance and filing a claim application before the Commissioner.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
question iconEmployment advice
Dear Client, A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...