All Respected Elders,
Please clarify that if an establishment/Industry covered under ESIC Act, Then is it applicable to ECA 1923 or not ? if No the employees or workers who were exceeds 21000 gross salary how they will get benefited in case of any injury occurred during the work.
Siva Kumar.
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Dear Sivakumar,
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.
Thank you very much Umakanth garu.
I agree with the statement of Mr. Umakanthan. If an employee is covered under the ESI Act, he is not entitled to get any benefits from the Employee Compensation Act, 1923. However, if any employee not covered under the ESI, are entitled to get benefit under the Employee Compensation Act irrespective of his salary if following conditions are satisfied:
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
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