ESI Act - if an employee gets injured in a work place? - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
+1 Other

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I'm working in a Manufacture Setup as HR Executive. My question is "if an employee gets injured in a work place" what is an next step as an HR i should do. What are all the forms to be carried by the injured employee to the ESI hospital. While he joining back to the duty once he completely recovered . what are all documents the employee supposed to submit to the employers. Whether he will get salary from ESi . IF so how many days.?
\Firstly, ensure that all the employees working under you and recoverable under ESI Act, 1948 are having ESI Identity Cards after having their Insurance Numbers from the appropriate Branch Office of ESIC.

As soon as the employee/Insured Person suffers an accident in connection with or relating to the work of factory/establishment, submit accident report to the appropriate Branch Office of ESIC and other State authorities.

It is the responsibility of the principal employer to provide first aid to the injured employee.

The injured insured person must carry with him his identity card as issued by ESIC.

The employer can obtain a copy of medical certificate issued by the appropriate dispensary/hospital.

If any question arises regarding eligibility of the concerned insured person, it will be advisable to contact the Branch Office of ESIC immediately with relevant records so that injured person may get medical treatment.

Under ESI Act, the benefits paid in cash are not called "salary". In the above circumstances, if his case is admitted as that of employment injury, Temporary Disablement Benefit (TDB) will be payable to the insured person upto the date he is certified to be incapacitated due to such accident. The rate of such Temporary Disablement Benefit is 90% (approx) of standard benefit rate in relevant contribution period (Rule 57 of ESI (Central) Rules, 1952).

For further details, I will suggest you to also study the ESI Act, 1948 and rules/regulations framed thereunder.You can also download the same and other material on different benefits and their eligibility from the website of ESIC.

I just want to add a Point.In case of Emergency, You or His any immediate Supervisor must move him to any ESI Dispensary, or if ESI Medical is not available , then the patient must take to any Pvt. hospital having minimum 16 Bed Facility, then within 24 Hour, the Report must be send to ESI Officials and have to register their by taking a letter from doctor who is taking care of the patient.
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