Accident Under Esi Act 1948 - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
DALJEETSINGHNANDA
Hr Cum Admin Executive
+5 Others

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sir one employee accidented on sunday at out side in the primises so they want esi treatement pleasde suggest me he is elligeble for esi treatement under this act regards manju,
Pls confirm (1) whether the accident happened inside the factory or not regards
Dear Manju,
whether he was performing duty at that time, or he was called for duty on sunday. or he was influence of drink. number of factors should be taken in to consideration if it is fatal. but he is liable for treatment.
Daljeet Singh

Dear Manju, The ESI covered employee is eligible for treatment either the accident occured during office hours or on leave days. Bhavani sankar
Dear Manjuji,
The employee is definitely elegible for medical treatment including superspeciality treatment (if need be), if he is covered under the ESI,irrespective of whether it is employment accident or not.
Regards,
S.SANKARALINGAM
RETD.DY.DIRECTOR, ESIC
ADVOCATE & LABOUR LAW ADVISOR.

Dear,
He is fully under cover of ESI. Irrespective of location,he will get full ESI support. If the accident is occuered on the way to work or back to home from work place or it occured while in duty in will come to workmen compensation act too.
Biju

Sir(s),
By virtue of provisions contained in Section 51C of Employees' State Insurance Act, 1948, the accidents happened while travelling to or from the place of work of an employee is also coverable as out of or in the course of employment.;
But the member, who raised the question has stated that the accident happened on Sunday. It shows, perhaps that the employee met with an accident which is neither inside factory premises nor happened while travelling to or from the place of work. Hence, in my opinion, the same, cannot be treated as an employment injury under said Act.
However, the employee is entitled for Medical Benefit, if otherwise eligible.

Yes, I agree with Mr. Harsh ji. The employee can avail medical benefit only if the accident happened after duty hours. No other prevailing benefit in the case of industrial accident or road accident while on duty are back from duty is entitled. As an IP employee of ESI, the employee can avail medical treatment.
Regards
Sathish

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