"Civil lawsuits, life insurance among recommended alternatives for victim's next of kin" - Lawyers

SHAH ALAM - In the wake of the recent devastating Elmina crash, lawyers have advised family members of the remaining two victims ineligible for Social Security Organization (Socso) to seek alternative forms of support namely through a civil lawsuit or life insurance.

Socso is a statutory body that primarily operates to provide social security protection to employees and their dependants through the Employment Injury Scheme and the Invalidity Scheme (Act 4).

On Sunday, Human Resources Minister V. Sivakumar announced families of seven out of the nine victims qualify to receive Socso benefits. However, the families of Idris Abdol Talib did not qualify for benefits as he was a civil servant, while Sharipuddin did not make any contributions to the social security fund.

Lawyer Rafique Rashid explained one of the options for victim's next of kin is, they can opt to claim a life insurance policy.

"This insurance can usually be claimed in cases of death, illness, or incapacitation.

"If you recall during MH370 when it was announced by then PM that all on board had perished, the Malaysian Life Insurance Association ensured that all its members and companies registered under them were paid out to the deceased," he said.

Meanwhile, Dispute Resolution Lawyer Alliff Benjamin stated that next-of-kin can also consider filing civil lawsuits against responsible parties if negligence or wrongful actions lead to the victim's injury or death.

"If those elements are proven to exist in the incident, the family may consider taking legal action for negligence or breach of duty.

"However, if there is no negligence or error from either the pilot or the manufacturer of the plane, it is going to be quite difficult," he said.

Meanwhile,Selangor Bar Representative Lawyer Kokila Vaani Vadiveloo advised both families to look into benefits offered by the victim's employer.

Since Idris Abdol Talib was a civil servant, Vadiveloo stated that his legitimate next of kin may be eligible for pension derivatives according to the Pension Act 1980.

Derivative pension is a benefit which is paid every month to the widow or widower, and children of the deceased officer or pensioner, she explained.

On the other hand, In circumstances where Sharipuddin Shaari did not pay contributions to SOCSO, his family may still be entitled to benefits and assistance from other sources.

"Some of the sources they can look into are the Grab Malaysia's Zakat wakalah fund and contributions from the Grab Malaysia team and community.

"This demonstrates the importance of companies and organisations taking responsibility for the well-being of their employees, especially in unforeseen circumstances," she said.

Vadiveloo added the families can also reach out to relevant authorities, such as the Department of Civil Aviation or the Ministry of Human Resources, to inquire about any other available benefits or compensation schemes that they may be eligible for.

"These schemes may provide financial aid, counseling services, or other forms of support to help the affected individuals and their families," she said.