Medical, ESI & W.C Act - Benefits - How will Workmen Compensation (W.C) Rules apply to the Employees?

Hi
Can any body suggest in this regard,
1. How will Workmen Compensation (W.C) Rules apply to the Employees?
2. Without Deductions’ how can we claim the amounts? ie Permanent, Partial disablements.
3. To whom we can approach for any accident is occurred under W.C Act.
4. Are the Medical Insurance & W.C Act same, are not?
5. Is an employee covered under both ESI & Medical Insurance.
6. Is an Employee covered under both ESI & Workmen Compensation?
Please suggest your valuable ideas.
Expecting your replies at the earliest.
With Regards :: Ramesh…

Dear Ramesh,
Employees of any organisation are covered under either ESI Act or WCA (Since definition of workman was amended under WCA and even executives are now covered under the Act)
If ur organisation is providing medical facilities and it has exemption under ESI Act then for any compensation for employment injury, the rules of ur company or compensation under WCA will be admissible, whichever is more beneficial for the employee.
if there is no dispute in the amount of compensation, it can be given straightway to the employee without aproaching any authority.
hope it is of some use for u.
Thanks

Those who are not covered by ESI Act are to be paid compensation for employment injuries following Workmen Compensation Act. Under the WC Act, the employer is responsible to pay the compensation. Therefore, no deduction in anticipation of accidents shall be made from the salry of the employees. Various rates depending upon the disability caused are mentioned in the schedule attached to the Act itself. In case of disputes, an officer designated by the appropriate government (normally the District Labour Officer/ Commissioner) shall be approached.

An employee covered under the ESI will get compensation from the ESI Corporation and in such cases, the employer has no obligation.

Medical insurance is a different option. The employer can insure the employees against probable accidents and diasabilities. Medical insurance is a welfare measure only but with this the employer is not freed from compensation payable under the WC Act. However, some general insurance companies have a policy to cover the employer's liability in case of workmen's compensation for which policy premia paid shall exclussively be taken by the employer himself.

Regards,

Madhu.T.K