Staff Death Due To Natural Causes

Asked in Employment or Labour

  • Saikiran

    Visakhapatnam

Expert's Answers(3)

  • Advocate Anshul Kulshrestha

    Noida, Uttar Pradesh
      9 Client Ratings

    Cases where Employer not liable for compensation In respect of any injury which does not result in the total or partial disablement of the workmen for a period exceeding three days; In respect of any injury not resulting in death, caused by an accident which is directly attributable to- the workmen having been at the time thereof under the influence or drugs, or the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or the willful removal or disregard by the workmen of any safeguard or other device which he knew to have been provided for the purpose of securing the safety of workmen. The burden of proving intentional disobedience on the part of the employee shall lie upon the employer. when the employee has contacted a disease which is not directly attributable to a specific injury caused by the accident or to the occupation; or when the employee has filed a suit for damages against the employer or any other person, in a Civil Court. Any contract or agreement which makes the workman give up or reduce his right to compensation from the employer is null and void insofar as it aims at reducing or removing the liability of the employer to pay compensation under the Act.

    May 6, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    There are very remote chances for you to pay compensation because you also have not mentioned of any agreement like agreement like document between you and your deceased employee. Your establishment also does not fall withing a industry. Therefore You need not pay compensation as such. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.,

    May 5, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    Hi, If the cause of death of the worker is due to the work or any inbuilt pressure by you then you will have to pay compensation to the worker. But if the death is proved in reports that it is self inflicted which is due to other physical, bodily issues, then there is no need to pay the compensation. Generally these things depend on the policies and the agreement signed by employer and employee. To claim compensation under the Act ,the following four conditions must be satisfied : Personal injury must have been caused to the workmen, Such injury must have been caused by an accident, The accident must have arisen out of and in the course of employment, and The injury must have resulted either in death of the employee or in his total or partial disablement for a period exceeding three days. If you find this helpful please rate my answer. Thank you

    May 5, 2021