Saswatabanerjee
Partner - Risk Management
Adoni Suguresh
Sr.executive (per & Adm)
Gaurdm83
Sr. Hr Generalist
+2 Others

Hello All,
Greeting to all Seniors !
I am writing to clear my confusion about Workmen Compensation Act 1923..
My question is,
If any employee who is working in company from last one year and has attained 240 working days in company and covered also under ESI and EPF act.
In above condition, accident occurred and he got disability or death, Now employee is entitled to get compensation paid under ESI & EPF act or from employer alongwith ESI & EPF ?
By whom employee will get benefit ESI & EPF organisation or Employer also?
Thanks & Regards
Devendra Mohan Gaur
7428443274
7th December 2015 From India, Faridabad
Hi,
He will get benefits under ESI & EPF only and not from the employer. Employer has to report the matter to these authorities and to the Labour Deptt depending the nature of the casuality.
See section 53 of ESIC Act
Thanks
8th December 2015 From India, Panipat
The ONLY ESIC act clearly states that the employee concerned and covered under the ESIC act will not be entitled to compensation from any other act or schemes for the same thing. However, this does not include any insurance cover the employer may have taken and given as a part of his perks
12th December 2015 From India, Mumbai
Dear Mr.Gaur,

Any workmen employed either on casual, temporary or permanent if he/she met with an accidet during the course of employment resulted in either temporary or permanent disablement of bopdily injured or fatal, the victim is covered under Payment of Workmen Compensation Act, 1923. This compensation amount is to be deposited with the Commissioner of Workmen Compensation Act and to be paid to the injured person or next of the kin in case of fatal by completing all the formalities under the Act. This com pensation does not related to your EPF, ESI.Gratuity or Bonus. The entire compensation as specified in the act liabilities will be of the employer. No eligibility criteria is specified in the Act. Even if a person joined today and unfortunately met with in accident next day is eligible for Compensation.

This is the practical case which I have faced personally during the tenure of my service as a Personnel Officer in the year 1973 in one of the fatal accident.

Adoni Suguresh

Labour Laws Consultant
14th December 2015 From India, Bidar
Why HR professionals are still referring to 'workmen ' compensation Act?.The name of the Act was changed to Employees Compensation Act five years ago.
14th December 2015 From India, Thiruvananthapuram
Dear Mr.Varghese Sir,
I know that the Workmen Compensation Act, 1923 is repel as Employees Compensation Act, 2010. Although the name is changed, the objects and definitions of the act is remain the same may be slight amendment in the Act. Since Mr.Gaur has asked his clarification under Workmen Compensation Act, 1923, I had give the opinion. Otherwise, I would have used the New name of the act. Thanks for correcting me.
Adoni Suguresh
15th December 2015 From India, Bidar
Hello Mr. Adoni Suguresh Sir,
Greeting to you!
Thank you for guiding me on my concern.
It is my pleasure to gain knowledge from one of the most senior person as you.
Thank you again!
Thanks & Regards
Devendra Mohan Gaur
19th December 2015 From India, Faridabad
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