Can We Issue an Accident Certificate for ESIC Without Last Year's Contributions?

Dear all,

Please advise on the below-mentioned issue.

One of our employees met with a road accident while coming to the factory. The accident spot is within 100 meters of the factory. He has more than 5 years of experience with different factories. In our unit, he has only 3 months of experience (Jan 11 to March 2011).

When he went to claim ESIC sick leave at a local office, the ESI person instructed him to get contribution details for the last year. The issue is that we can provide details for only 3 months, and he also needs to obtain details from his previous employers. However, he did not work anywhere in the last year. As a result, the payment is on hold by the ESIC.

They have informed him to obtain an accident report stating that he had an accident while coming for duty and it occurred near the factory premises from his current employer (us).

My question is, can we issue this type of certificate from the factory, and will it be sufficient to receive payment from ESI? (Even though there was no contribution in the last year)

Regards,
Lakshmikanth.M

Dear Sir,
The ESIC authority is very rightly suggesting you submit the accident report regarding the injured employee. As per the amended provisions of the Act effective from 1/6/2010, if an employee, while going to or coming from work, meets with an accident, the employer has to submit an accident report in Form-12 to the ESIC. The employee may receive benefits as in the case of an injury occurring during working hours within the factory. There are no contributory conditions in such cases, and no eligibility period is required. Please submit the report immediately to assist your employee in obtaining their benefits.

With regards,
Regards

Dear Sir, The ESIC authority has rightly advised you to submit the accident report (not certificate). The same is to be submitted in Form-12. After the amended provisions of the ESI Act w.e.f. 1/6/10, commuting accidents (accidents while going to or returning from duty) are treated as employment. There is no contributory condition or eligibility period.

Please submit the accident report as directed by the ESIC authority urgently to assist the employee.

Regards