parag_kawale
2

Hello all, can we cover employees under employees' compensation policy who are already covered under esic ? Regards, parag
From India, Nasik
R.N.Khola
363

Dear Parag,
While taking Employees' Compensation policy you must keep in mind section 53 of E S I Act, 1948. Discuss this provision with the Insurance Company & if they agree that they will provide benefits of EC policy with out prejudice to the rights of the employees under ESI Act then you may proceed further in the matter.
Opnion submitted as requested.
R.N.KHOLA
Welcome Skylark Associates

From India, Delhi
mr.pkaushik
hello to all.. i m looking for a job in hr department and in business development.. please help me.. i m an MBA HR(result awaited) and i have done master in public administration (pg)..
From India, Delhi
abedeen7
135

As per my understanding ESI provide health care benefits to insurer and his/her family and also provide monetary benefits. As compared to WC ESI provide more benefits, so if you are registered under ESI then WC not applicable as no one will ask why you are providing more benefits.
Hello Khola, please guide me if I am wrong.

From India, Bhubaneswar
R.N.Khola
363

Dear Shaikh Abedeen,
You are right in saying that where the employee is covered under ESI Act, 1948 then in accordance with sec. 53 the injured employee or the dependants are not in a position to claim compensation under any other law including Employees Compensation Act, 1923.By the amendment of WC Act although the coverage & benefits are enhanced but even then it seems that benefits under ESI Act are on higher side & thus you can not be stated to be wrong.
R.N.KHOLA
Welcome Skylark Associates

From India, Delhi
abedeen7
135

Hello Khola, One query if Principal employer is covered under WC then can the contractor goes for ESI coverage though that area is notified under ESI coverage.
From India, Bhubaneswar
Mohd Azher
27

Dear Mr.Parag Kawale
Refer to your query, where Workmen Compensation Act -1923 is applicable the following does not applicable.
1. ESI Act -1948
2. Maternity Benifit Act -1961.
Regards
V R RAO PULIPAKA

From India, Bangalore
tejashri.jadhav37
Hi, As per my knowledge,WC policy is applicable when that employees are working in the area which is out of ESI coverage.Please convey me if it is not correct. Thanks & Regards, Tejashri
From India, Mumbai
alagarprakash
Mr.Rao,
One correction in your quote, pl read whereever the ESI Act -1948 is applicable the following act does not applicable.
1. Workmen compensation Act -1923
2. Maternity Benifit Act -1961
A.Alagarsamy.

From India, Karur
alagarprakash
yes i concur with your view and also i like to state that the employees working in ESI covered area who are drawing more than the prescribed wages as defined in ESI Act, will be covered under w.c act.
A.Alagarsamy

From India, Karur
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