Harsh Kumar Mehta
Consultant In Labour Laws/hr
Sumitk.saxena
Service/manager-hr
Tushar.swar
Manager - Human Resource
Raajz_johnny
Generalist
Farukshaikh
Deputy Manager - Hr, Ir And Admin
Iqbal_siddiqui
Sr. Executive Hr
Srinath Sai Ram
Hr Manager
Michael Nicholas
Hr Professional
K Ranga Raju
Senior Manager-hr
Amitvmistry
Technical Support Engineer
Bknayak.hr
Manager-hr
+6 Others

Thread Started by #JOTHIKARTHIKEYAN

Dear Sir, One of our employee has met with a Road Accident recently. He is covered under ESI Scheme. Is it possible to claim the benefits in ESI? If 'yes' , please guide me. Rgds - Jothi
19th March 2009 From India, Coimbatore
Hi Jothi,
Was He on duty at time of accident ? or Was he out side of the company premised for the Official Work & met to accident ?
IF yes, so, He can get the benefit from ESIC.
For getting the benefit from ESIC, Employer has to submit one letter stated that, all stuff with certificate from State Police of Accident (if registered) & other ESIC forms .
Regards,

19th March 2009 From India, Mumbai
If is covered under ESIC Act and on duty at the time of accident the he is definately entitled to get the benefit of accident under this act. You have to send the form no.16 (intimation of accident) under this act.
Swati
19th March 2009 From India, Nagpur
Dear,
I agree with tushar,pls submit the accident report and get the copy of FIR from the police.
and submit all required form so that his family can get maximum compensation.
Regards
Vipin:icon1::icon1:
19th March 2009 From India, New Delhi
Hi,
Please chech the time he met an accident was duty time or else as well as premises too. if it happend on duty than only he claim for ESI benefits. An application letter, ESIC form and police report is required to submit to the ESIc office for this benefit.
But first you should check the eligibility for this ESI scheme.
Thats all from my side.
Thanks & Regards,
C. Bhushan Sharma
19th March 2009 From India, Nagpur
dear sir, this is shekhar srivastava. I would like to know about duty time in case of accident of esi coverd employee .
20th March 2009 From India, Lucknow
Seniors , Please guide if employee covered under ESI meets with an accident while coming to duty from home or while going to home after finishing his duty. Please clarify. Prasad
20th March 2009 From India, Pune
Dear Mr. Prasad,
Basically, when an employee reach and stary inside the premises of the organisation, than only he is eligible for any benefits in case of an accident.
But in some cases, it is also count that if a person is using the same way / path for in comming and out going to the factory / organisation and if he or she meet an accident out side the premises but in the same path which he or she usualy use to go and come to work. Than in some case, he or she is also eligible to get benefited under ESI scheme. But this is not comes under general practice but this is highly special case that wil be considered by the ESIC Authorities and Court.
This is what from my side. Let others say about this.
Thanks & Regard,
C. Bhushan Sharma
20th March 2009 From India, Nagpur
Dear Jothi

Greetings!

As per ESI Act

51C. Accidents happening while travelling in employer's transport
(1) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if
(a) the accident would have been deemed so to have arisen had he been under such obligation; and
(b) at the time of the accident, the vehicle
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of public transport service.
(2) In this section "vehicle" includes vessel and an aircraft.
51D. Accidents happening while meeting emergency
An accident happening to an insured person in or about any premises at which he is for the time-being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
20th March 2009 From India, Madras
hi Prasad,
As you asked the question, That particular person will not eligible for getting any benefit from ESIC Dept
but, He or she can get the free of cost treatment from ESIC doctor, in case of he has already registered to any ESIC doctor.
Regards,


20th March 2009 From India, Mumbai
Hi friends
ESI does not apply to notional extension. That is from home to the work place and return.
ESI is applicable to any accident arising out of the employment, during the course of employment, while executing assigned employment.
You may ask if vehicle carries employees to the work place from their respective homes meets with an accident. Question: Whether ESI applicable to such situation? Answer: NO. Reason: notional extn is not applicable Under ESI. Ref: Andhra Pradesh and Supreme Court JudgementRgds
Michael Nicholas
20th March 2009 From India, Madras
Dear Friends,
If his is on duty than he can get benifit under ESIC. but compl. follow following condition,
1. Hi is on Duty
2. Send form-16 accident report to local office.
3. Paid 9 contribution of employee for mejor treatment benefit & salari for absent days.
20th March 2009 From India, Mumbai
Hi,
If the employee was on duty during the time of accident, he must be benefitted from the esic. But reported the same to ESIC local office within 24 hrs. by fiiling form 12(in triplicate) duly attested by employer enclosing all the facts related with the accident e.g enclose the attendence sheet which shows the employee was on duty, xerox copy of od slip/od register attested by competent authority which shows that at time of accident the employee was on duty, enclose the police report copy also to make the case strong. Also mentioned the same in Form11 (accident register) it may be checked by ESIC authoriry during report submission.But the whole process will be done witinin 24 hrs. if any weekoof/holidays falls then this may be reported to esic dispencery which was alloted to the IP in form of application dealing all the facts, acknowledge the same.
Last & Final the salary of the IP must be Rs. 10,000/- (pm) above than that no benefit will be provided to employees.
thanks & regards,
from,
sumit kumar saxena
M-09899669071, 0120-4131277
21st March 2009 From India, Ghaziabad
Dear Mr.Tushar, Do IT companies come under ESIC.which have more than 20 employee. Please Suggest.
21st March 2009 From India, Indore
Dear tusar sir,
you are saying that (As you asked the question, That particular person will not eligible for getting any benefit from ESIC Dept
but, He or she can get the free of cost treatment from ESIC doctor, in case of he has already registered to any ESIC doctor.)
but I would like to know procedure of registering ESIC doctor.
Regards
Shekhar Srivastava
Sr. Executive HR
Fusion Electronics Pvt. Ltd.
Lucknow
9005625107
21st March 2009 From India, Lucknow
He will get ESI benefit, if the employees at the time of accident on the way to/from work place. You have to submit an accident report to this effect.
22nd March 2009 From India, Hyderabad
Hi Shekhar,
that is not big process, employee need to bring the TIC or PIC (Temporary or Permanent Insurance Card) along with Form 37 & family members' photo.
& it should be submit to regional ESIC doctor.
once he / she & their family member register, then afterward they are eligible to get the free benefit from ESIC doctor.

20th September 2009 From India, Mumbai
Dear Srinivas,
In India many places are like same, where are ESIC is not applicable, because, those places are not having ESIC facilities, there are nothing able to do Medical facilities by ESIC. so, ESIC declared that places as non - ESIC area.
in that case, those area's employees must be register under the "Work man Compensation policy"
it means employer has to provide the any other medical facilities to them..
Regards,

20th September 2009 From India, Mumbai
Hi Akhilesh, As per ESIC act. every employer has to register under the ESIC those are having 20 or more than that employees. so, it means there is no any substitute for IT organization.
20th September 2009 From India, Mumbai
My employee is go to on duty at time he meet the accident and he loss he left hand on the accident what is step for claim the benefit.
6th April 2010 From India, Madras
if person met accident at outside while on duty, due to emergency he may admitted to private hospital, he can avail the benefits is possible ?
26th July 2012 From India, Madras
how much claim dependent got in accident under esi schme ,accident occured outside the company
6th December 2013 From India
how much claim dependent got in accident under esi schme, accident occured outside the company
6th December 2013 From India
Hi,
I am Amit, working in service company.
I have got road accident (bike sleeps due to puncher) on compan's bike on 26 November 2016, while returning to the company from client site.
I have taken treatment in private hospital as I have not aware of ESIC benifit.
By giving medical certificate i have taken leave from ESIC office.
Still on leave.
Our company has not reported accident yet.
How to register accident in ESIC?
If accident register aftet 2 months what befits I will get.
Can I claim the my medical expense to whom?
What is the procedure for that.
26th January 2017 From India, Vadodara
1. Sir, ESIC has its established procedure for submission of accident reports as well as payments of Temporary Disablement Benefits (TDB) to employees/insured persons who met with accidents during and in the course of employment. I think, you should have reported the matter to your employer about the accident occurred and entry should have been made in the Accident Register maintained, if any, by your employer.

2. The appropriate office for payment of TDB to you, if approved by said department is Branch Office of ESIC to which you are attached. Even if some permanent disability remains after your recovery, then if accident is not approved by ESIC, then you will not be entitled for Permanent Disablement Benefit (PDB) from said office. You can get the address of concerned office from the ESIC Identity Card.

3. When you have obtained medical treatment from private sources, I am not sure whether you can get the reimbursement of said expenses at this stage because ESIC has its own referral and medical reimbursement procedure. You can see the copies of such instructions from the website of ESIC.

4. I think, at this stage, you can complain in writing to the Branch Manager, ESIC Branch Office with copy to Sub-Regional Office, ESIC intimating that your employer had not submitted the accident report and further request them to ask the employer to submit accident report immediately and pay you benefits (TDB as well as PDB) as admissible to you. You can also submit copies of details of medical treatment, if any, obtained. With best wishes.
26th January 2017 From India, Noida
Dear Sir, One of our employee has met with a Road Accident recently while going for home . He is covered under ESI Scheme. Is it possible to claim the benefits in ESI? If 'yes' , please guide me. Rgds - harish
23rd October 2017
Dear Harish, without wasting time, File Online Accident Report & follow up with your ESI Local office
23rd October 2017 From India, New Delhi
while going / returning from duty If one meet with an accident he will get accident benefit if reported so but within how many kilometres,
BKNayak
16th April 2018 From India
Dear All
Our employee met with an accident out of premises he was not on official duty.
he can got some esic benefits from ESIC hospital
Please explain
Thanks & Regards,
Rajesh
24th March 2019 From India, Indore
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