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Employee State Insurance Act

Section:Reg 77/78 :Death By Employment Injury

Obligation : To immediately report the death of an employee by Employment Injury at the place of employment

Type:Trigger Frequency: Quarterly

Action to be taken:
In case of death of an insured person as a result of an Employment Injury at the place of employment, immediately report the death to the Local Office and to the nearest Dispensary, Hospital or Clinic where medical benefit under the Act is available. Ensure that the police station which has jurisdiction over the area is informed about the incident.
The body cannot be disposed until it has been examined by the Police and an Insurance Medical Officer.However in case if an Insurance Medical officer is unable to arrive for examination within 12 hours of such death the body may be disposed of after obtaining a certificate from such medical officer or practitioner as may be available.

Audit Requirement:
In case of death by employment injury to any insured employee at the place of employment, was the death immediately reported to all authorities as per the ESI Act ?

Supporting Documents:
Detailed Report of the Incident.

Related Triggers:
Accident Causing Death
Accident Causing Injury
Death Of An Employee
Injury To An Employee

Related Keywords:
Accident
Death of Employee
ESI (Employee State Insurance)
Fatal Accident

Related Sections:
Employee State Insurance (General) Regulations, 1950
Chapter:Dependants Benefit| 77:Report of death of insured person by employment injury:
In case of death of an insured person as a result of an employment injury-
(a) if the death occurs at the place of employment the employer shall, and
(b) if the death occurs at any other place, a dependant intending to claim dependants benefit shall, or
(c) any other person present at the time of death may,
immediately report the death to the nearest Branch Office and to the nearest dispensary, hospital, clinic or other institution where medical benefit under the Act is available.

Employee State Insurance (General) Regulations, 1950
Chapter:Dependants Benefit| 78:Disposal of body of an insured person dying by employment injury:
Where an insured person dies as a result of an employment injury sustained as an employee under the Act, the body of the insured person shall not be disposed of until the body has been examination by an Insurance Medical Officer, who will also arrange a post-mortem examination, if considered necessary, in co-operation with any other existing agency:

Provided that if an Insurance Medical Officer is unable to arrive for the examination within 12 hours of such death the body may be disposed of after obtaining a certificate from such medical officer or practitioner as may be available:

Provided further that nothing contained in this regulation shall be in derogation of any power conferred on a Corner under any law for the time being in force or on the officer-in-charge of a police station or some other police officer under Section 174 of the Code of Criminal Procedure, 1973 (2 of 1974).