ESI Benefit For Disable Person Who Is Already Entitle To ESI - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
+2 Others

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If an employee who is entitle to esi from 2008, gets disability during (2010) the working hours, if he crossed his salary ceiling for ESI (i.e. 15000/-), continue to remain covered under ESI Act. he will be eligible for ESI benifit or not. If yes what is the procedure for that.
Rahim Pardewala
Surat
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Please elaborate your query, how come an employee who has crossed his/her salary ceiling for ESI continue to remain covered under ESI Act. If the salary increase is in between the April-Sep/Oct-Mar period and is covered under ESI and the accident also occurred during that period then yes the employee can get the benefit of disability as per my view. Wait for seniors to respond further
Sir(s),
As mentioned by Mr.Saji above,the issue raised by the member in this thread is not clear. When a person has crossed the prescribed wage limit ( subject to his continuance as employee upto the close of contribution period, if applicable), he is no more an "employee" under ESI Act, 1948 and not entitled for disablement benefits under said Act.
Further, the legibility of any person to receive ESI benefits under the said Act/rules/regulations depend upon his contributions for the minimum periods as prescribed and in order to examine the same the Branch Office of ESIC is the appropriate office.
In my opinion, It will be more better if the member who raised this thread or the person who want to know his eligibility should contact the appropriate branch office of ESIC alongwith his Identity Card and relevant records of his contribution to ascertain the correct position.
Thanks for your reply.
Till now I am entitle to ESI. But soon i will be crossing the wage limit (15000/-). I have come to know about two benefit given to disable person by ESIC.
1. Incentive to employers in the Private Sector for providing regular employment to the persons with disability (Wage limit 25000/-)
2.Medical Benefit to retired & disabled persons
Regarding the first point, I have talk to SRO, ESIC Surat But they only have the circular about this, they don't know the procedure. I have talked to my Head office regarding this but they say that this is for new employee not for active employee who has disability.
Regarding second point, Today I came to know that esic gives Medical Benefit to retired & disabled persons. but don't know the procedure.
Want to know the procedure..
My Dear Friend still we are not clear about the query, you have disability since birth or it has occurred during the course of your employment.
Sir, Sorry for late followup, my mother is hospitalized so cant reply.
I have joined my company from 2008. On 4th August 2010 while returning home from my office I have a accident. After that for one and half year I have gone into treatment. In between time i have join my job again on 8 March 2011. But after that last operation done by doctors on 15th July 2011. They replied me that I will be having disability for lifetime. This is the short history of mine.
Now I want to know that benefited given by ESIC to disabled person. I came to know about few :
1. Lifetime pension (after medical board of esic approved the disability) [I am getting it]
2. Wage limit upto 25000- (Incentive to employers in the Private Sector for providing regular employment to the persons with disability for three years and wage limit upto 25000/-) [I want to know more detail regarding this]
In any other benefit given by esic please specify. Hope now i clarify what exact my point is.
Rahim Pardewala
Sir(s),

I hope you must have seen the provisions of Rule 50 of ESI (Central) Rules, 1952 and the proviso to said Rule lays down that 'the wage limit for coverage of an employee who is a person with disability under the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1955 (1 of 1966), and under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999 (44 of 1999) respectively shall be....."In view of these provisions, I think, ESIC will not be in a position to help you regarding continuation of your coverage under said Act if your wages are at present more than coverage limit of Rs.15000/- per month.

I think, you will be required to approach the relevant authorities of your area created under any of above 2 enactments(depending on your disability) and obtain necessary certificate of your disability and thereafter request your present employer to continue your coverage under ESI Act till prescribed wage ceiling of Rs.25000/- per month as presently prescribed for persons with disability.

In case of your having any doubt, I will suggest you to take up your case to the Regional Director (Benefit Branch), ESIC of your area in writting with all details and request accordingly.

As per provisions of Rule 51-A of said rules, the employers' share of contribution in such cases is to be reimbursed to the ESIC by the Central Government. Therefore, in my opinion, obtaining of certificate of disability under any of above 2 enactments (as may be relevant to you) is essential.
To get ESI benefits for disability,the employee should be an IP on the date of disablement (injury) and contribution should have been payable for that day.For disablement benefit contribution-benefit periods have no relevance.

Varghese Mathew
09961266966
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