Harsh Kumar Mehta
Consultant In Labour Laws/hr
Jitendersyadav
Hr Manager
+1 Other

I want to know if 1 employee join a company and the employer not take his ESIC number 1-5 day and durning this period that employee get accident.. than what do employer or ESIC give employer some time(day) to take esic number?
From India, New Delhi
Only Employer is liable for such incident. ESIC registration should be done within 48 hours from the date of joining.
From India, New Delhi
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From India, New Delhi
Hi jitendar, would you guidance me when a employee get a accident in a company firstly which we inform and what the form is use that time regards pardeep kumar
From India, New Delhi
When ever any accident occur, you have to intimate to the local ESIC Office with 48 hours. You have to submit the Accident Report in prescribed Form-12, which will contain all the information i.e. when accident happened, where it happened, how it happened, nature f injury etc. Form-12 is attached for your reference.
From India, New Delhi

Attached Files
File Type: pdf ACCIDENTAL REPORT FORM.pdf (42.1 KB, 184 views)

Sir(s),
Instead of making the employee non-entitled for disablement benefit, in my opinion, it will be more better to submit the Declaration Form as well as Accident Report to the appropriate Branch Office of ESIC as well as to ESI dispensary even at this stage. Though it may be late, but at least the employee can claim his benefits, if his case is admitted as that of employment injury.

From India, Noida
Will ESIC entertain backdated injury claim for that period when the employee was not registered as IP ?
From India, New Delhi
Sir(s),

In comments, the member has not mentioned the extent of delay in obtaining the ESI Number of a new employee. However, Regulation 14 of ESI (General) Regulations, 1950 allows a period of 10 (ten) days to an employer to submit Declaration Form in respect of new employee. I think, at this stage also there is no harm if the declaration form as well as accident report is submitted to the ESIC Branch Office with explanation of delay. The Office of ESIC can warn/issue notice to the employer for late submission of declaration form/accident report. But, in my opinion, the Branch Office has to consider the claim of the injured employee if the medical certificates are obtained from any ESI institutions. In case accident is serious, then for further period medical leaves or medical facilities can be obtained from ESI institutions after obtaining ESI Number for such new employee.

I will also suggest that the concerned person HR/attending to ESI work with employer may discuss the matter with the Branch Office Manager of ESIC.

In my opinion, the injured insured person should not be made to suffer due to non-compliance of any procedure at the level of employer.

From India, Noida
Dear Harsh,
Your description is appreciable. But untill employees regsitered as an IP, Neither despensery not ESIC Hospital will entertain that employee. If we talk about the process of getting the medical benifits then after showing the ESIC card/ TIC, employeed can get medicines from despensery and if deases/ injury is not cureable in despensecy they will refer that employee to Hospital acknowledge by Local Office.
I hope you nderstand the concern that ESI registeration id mandate for sickness benifit, cash benifits etc.

From India, New Delhi
Dear Pradeepjee,

I understand your concern regarding providing of benefits to the employee to whom the employer could not complete formalities of registration with ESIC. In this connection, I may inform that ESIC has prescribed a form namely ESIC-86,( Certificate of Employment), which is to be issued by employer to insured persons in cases where Identity Card or Temporary IC has not been issued to Insured Person. This form if issued by employer is valid only for a short period.

Blank form No. ESIC-86 can be obtained from the appropriate Branch Office of ESIC.

On the basis of said form, the IP will be entitled for medical benefit. However, in place of columns of Insurance Number, the concerned ESI dispensary will indicate as "Applied For" or as per their procedure.

Hope you will not feel discouraged so far as procedure under ESI Act is concerned. As a responsible employer or his HR/concerned official dealing in social security benefits to employees, I hope you will follow the procedure properly and in time so that the insured persons may not suffer. You will agree with me that in very serious accident cases, the liability of employer is very heavy in Employees' Compensation Act as well as other consequences due to non-compliance of any Act/Rules/Regulations.

From India, Noida

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