Applicability Of ESI - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kumaran Praveen
Retired Chief - Ir
Elumalai Elugan
Hr Officer
Labour Law Advocate
Dy. Manager - Hr & Ir

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Dear Seniors,
I need a clarification that, If a worker who is covered by ESI, he came to the factory at one hour before his shift timing and he met an accident inside the factory. In this situation will ESI is applicable or not? Please reply.
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Hi Buddy, Yes, worker is eligible to get ESI medical facility and benefits irrespective where or when that accident took place. With Regards Mr.Thumbs Up
yes in this situation any of the employee under ESI Coverage person eligible to get medical benefit & Half of the salary
Applicability of the worker is doubtful because the reason below;
As per ESI Act, any accident / occupation disease arised during course of employement only be applicable or covered. Better check with any ESI authorities on a safer side (informally only).
1. Sir, important question is as to what the insured person was doing at the time of his accident ? Whether it is normal for the employees to come at least one hour earlier in the unit/factory before start of their shift.? what is the distance of residence of the employee from factory ? There are number of factors on account of which the case can either be rejected or admitted as that of employment injury depending on circumstances of the case. In case of fatal accident, perhaps the department will also require copy of Police Report and findings thereof alongwith post mortom report.,

2. As a matter of precaution, I will suggest you to consider filing / submission of Accident Report in respect of accident of said employee to the appropriate branch office of ESIC. If facts will be favourable according to the instructions/rules of ESIC, I hope, the concerned Branch Office Manager will decide the case accordingly after conducting necessary investigation. In case, you will not file said Accident Report, the department will not accept the same after delay and in that case the injured employee or his dependant (in case of fatal accident) will held the employer responsible for non-compliance of provisions of ESI Act, 1948 and rules/regulations framed thereunder.
ESI is applicable during "course of employment". Now whether he was in "course of employment" during the time of accident is a matter that can be adjudicated by the court.
However, from a general reading, it is advisable to give the benefit of doubt on the worker.
For more information o ESI matters, check my blog
Since his coming to the factory and starting his work much before his scheduled shift timings, I presume, has not be objected to, it would amount to deemed permission given and will be entitled for accident benefits under the
ESI Act.
bgramesh, hosur
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