Dear all, I have submitted this article earlier but I got two answer but that does not satisfied me , so I am submitting further along with two replies.
Say, Mr X is working in an establishment in which ESIC Act is applicable and he is under ESIC Scheme. He meets with a fatal accident in working place So he will get all benefits and facilities under that ESIC scheme.
Mr Y of the same Organisation is out of ESIC Scheme meets with similar type of fatal accident. Which act or what type of benefit he will get. Provided no scheme is made by the Organisation.
Rep:1
as said above workmens compensation act will be applicable for compensation to worker due to accident caused in course of employment.
there can be only two cases where one person has ESIC and other doesnot have ESIC though being in same organisation
1) second person has salary above Rs 10000/- p.m.
2) second person is employed in non-implemented area of ESIC.
in both case WC is applicable. Wise idea would be to take WC insurance policy for such cases from any general insurance company
bhavik h chheda
Rep: 2
in ideal conditions, workmen compensation act applies in absence of ESI.
my friend, if you do not have any such contingency plans then i think your management is following the deep pocket theory when it comes to liabilities.
surya
My clear question is that is ESIC Act and Workmen Compensation Act Applicable in an Organisation same time. More clearly of above example Mr X and Mr Y are operator of a Machine. Accident happens and both injured. So Mr x will definitely get benefit of ESIC. Another part , will Workmen Compensation Act be applicable to Mr Y (as he is out of Esic)
Regds
Gurupada Pramanik
Say, Mr X is working in an establishment in which ESIC Act is applicable and he is under ESIC Scheme. He meets with a fatal accident in working place So he will get all benefits and facilities under that ESIC scheme.
Mr Y of the same Organisation is out of ESIC Scheme meets with similar type of fatal accident. Which act or what type of benefit he will get. Provided no scheme is made by the Organisation.
Rep:1
as said above workmens compensation act will be applicable for compensation to worker due to accident caused in course of employment.
there can be only two cases where one person has ESIC and other doesnot have ESIC though being in same organisation
1) second person has salary above Rs 10000/- p.m.
2) second person is employed in non-implemented area of ESIC.
in both case WC is applicable. Wise idea would be to take WC insurance policy for such cases from any general insurance company
bhavik h chheda
Rep: 2
in ideal conditions, workmen compensation act applies in absence of ESI.
my friend, if you do not have any such contingency plans then i think your management is following the deep pocket theory when it comes to liabilities.
surya
My clear question is that is ESIC Act and Workmen Compensation Act Applicable in an Organisation same time. More clearly of above example Mr X and Mr Y are operator of a Machine. Accident happens and both injured. So Mr x will definitely get benefit of ESIC. Another part , will Workmen Compensation Act be applicable to Mr Y (as he is out of Esic)
Regds
Gurupada Pramanik