Is my Family Member Applicable for Compensation from Hospital after death during on duty work

Abhishekghoshdhn
Dear Sir,
One of my family members Age: 23,Female is working in Private Ltd. Hospital for 7,8 Months in India & The Hospital is a Registered Ltd. Company. & Deduct P.F & ESI from Her Monthly Salary.
The Hospital Arranged a camp out side the Hospital Campus & 4 members Including the Driver going to attend the camp by the Hospital Authority. During attending the camp an accident happened with Truck & The Hospital Car (Maruty Car / Ambulance) was crashed & fired instantly and We lost my member on the same day. & other 3 also died at the spot.
Deatils:
Age: 23
Gender: Female
Salary of The Person: Cash in Hand She got Rupees 14,000
Salary as per Appointment Letter: 16,000 Per Month
Worked for 7, 8 Months.
Hospital Pays: PF and ESI to Government coz in salary sleep they shows deduction of PF & ESI
So, Here My questions is my family members applicable for Compensation Amount from the Hospital ?
What benifits we will get please tell me elaborately.
We have talked to the hospital management but the management is simply delaying the cases & not taking any serious issues. So what can we do now ?
KK!HR
Since she is covered under ESI Act , compensation is payable by ESI Corporation. Pl move the requisite papers through the employer. As this was a traffic accident, there could be a claim as per Motor Vehicle Act 1988, which is likely to be a higher quantum but a choice has to be made between the two. In addition, if the employer hospital would like to pay compensation on their part that would be ex-gratia and voluntary.
Srinath Sai Ram
This is in addition to Reply of KKIHR
Under ESI-RS10,000/- towards Funeral benefit payable to Nominee
EPF-Employee & Employer share to be refunded
EPS-Pension
EDLI Benefit
you have not furnished Marital Status of the Employee & Date of Death.Since, Employee is covered under ESI & EPF you have to request Employer to process claims under relevant Acts
Hope with this information, you are able to proceed further without wasting any more time
PRABHAT RANJAN MOHANTY
In this case the dependent or legitimate or adopted child, shall receive benefit on monthly basis.You need to lodge your claim towards the compensation with ESI throgh the employer of your keen. The dependant also eligible to get Funeral expenses. Besides the EPFO will pay one time compensation under EDLI scheme and pension for the dependeants. The length of service plays no role. In this matter you have decide whether to claim from ESI or under Motor Vehicle Act as suggested by Mr KK-HR. One time quantum compensation will be made under motor vehicle compensation but one has go for a legal fight which will take substantial time to decide the compensation.
Venkata Vamsi Krishna Patnaik
Dear Abhishek,
Initially you will get a funeral benefit amount from ESIC (suggested by Srinath Sairam), get it applied through your relative's employer.
Then the full and final can be claimed from the employer, which would be from the EPFO, and any ex-gratia if the company/hospital provides.
You can also follow the suggestion by KK!HR.
kshashikumar nair
She should also get gratuity if gratuity act is applicable to the hospital.
murugavelbalaraman
Dear Member,
The nominee of the deceased is eligible for the following benefits:
a. Funeral Benefits under ESI (Claim shall be made within 30 days of death)
b. ESI death Benefit
c. EPF Withdrawal Benefit.
d. EDLI - Insurance Benefit ( about 6 Lakhs)
e. EPS - Pension under the Employee Pension Scheme.
f. Motor Transport Insurance Benefit (Higher Compensation) Better to avail Under Motor Vehicle Insurance instead of Other Compensatory Benefit.
g. Gratuity
h. Compensation provided by the employer on compassionate grounds.
Note : Please discuss with the employer whether personal accident benefit/Term Insurance is extended to the deceased. Advise the nominee of the deceased to choose the insurance claim which gives maximum benefit.
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