1. Sir, you have not indicated in your question whether the accident was such which has been admitted as an employment injury by ESIC. Whether, the said employee has received Temporary Disablement Benefit (TDB) from ESIC during the period of such incapacity after his accident. If the accident is admitted as that of employment injury ( after if employer submitted accident report), then in such case, permanent disablement benefit can be claimed by employee and that too after the said employee is declared fit and if the appropriate Medical Board of the area as constituted by ESIC approves his loss of earning capacity, if any. Kindly see provisions of the ESI Act, 1948 and rules/regulations framed thereunder. If the case is not of employment injury, I think, the employee will not be entitled for such Permanent Disablement Benefit (PDB).
2. So far as termination of said employee is concerned, please see Section 73 of ESI Act, 1948 as well as Regulation 98 of ESI (General) Regulations, 1950, the provisions of which, I think, are very clear. 26th March 2018 From India, Noida