Dear The workmen which are not covered under the ESI Act,1948 & are covered under the Workmen's Compensation Act,1923 are entitled to have benefit under this Act from the employer but in this case it is not necessary to have WC policy as the employer may give compensation form his own account. They take WC policy to avoid any sudden liability on account of any mis-happening.Now it is up to you to have or have not any WC policy. Regards, R.N.Khola Skylark Associates, Gurgaon(Haryana) (Labour Law & Legal Consultants)