If any employee is not covered by the ESI Act, 1948 for whatever reason, if he is an employee as per section 2(dd) of the Employees Compensation Act, 1923, he is entitled to compensation under the Act for any injury resulting in partial or permanent disability due to an accident arising out of and in the course of his employment.
1. Personal injury must have been caused.
2. Such an injury must have caused because of an accident.
3. Accident must have arisen out of and during the course of employment.
4. It must resulted either in death or partial or total disablement exceeding 3 days.
Dr. Navin Kumar Koodamara
Faculty of Law and Management, Manipal Institute of Managment
Manipal Academy of Higher Education, Manipal, Udupi