Are New Workers Eligible for ESI Benefits After an Accident on Day Two?

Eligibility for ESI Benefits After an Accident

Kindly help me. If a worker meets with an accident after only 2 days of joining, are they eligible for medical benefits under the ESI Act? Would their family be eligible for a pension if the worker passes away?

Initial Conditions for ESI Benefits

What is the first condition for us to fulfill, like filing their declaration form on the first day of their joining or any other requirement? Can they be eligible for such benefits even if their contributions have not been filed for a single day, considering that the act applies from the first day of joining?

Regards,
Raju Shriname

Eligibility for ESI Benefits After an Accident

If an accident happens in the course of employment, and out of employment, victims are eligible for all benefits under the ESI Act, even if employed just 2 days ago. Send Form 16 immediately to avail of the benefits. In this case, the sickness benefit is not applicable, but the disablement benefit, which is 70% of the wages, should be claimed.

Sir, how can we prove that he is covered under ESI? I mean, what about the contribution not being paid under his account or no submission of the online declaration form?

Employees are to be covered from the 1st day of employment by online registration. They are eligible for medical, disablement, dependents, funeral, and rehabilitation benefits without contribution conditions. Other benefits are linked to contribution.

Regards,
VARGHESE MATHEW
Labor/HR Consultant
TVPM
[Phone Number Removed For Privacy Reasons]

The worker is out of the ESI scheme. It is your responsibility to prevent him from filing a suit by offering some benefits. Otherwise, you will have to face a penalty and a significant amount as indemnity.

Thank you.

The employee is deemed to be on the rolls of the company from Day 1, regardless of whether the necessary form is filed or not. Even if the form is filed, it will take effect from the date of his joining and not from the date of filing the form. Therefore, he is eligible for benefits under the ESI Act.

Regards,
K. Srinivasan
[Phone Number Removed For Privacy Reasons]

There are three ways to provide benefits to workers in the case of partial/permanent disablement and death. One is through ESI, the second is through WC Policy, and the third is through Group Accident Policy. If you want to offer benefits to workers under the Group Accident Policy, you must show your workers' wages to be more than 15,000/- and consider them as your staff. For further clarification, you can email me at the address below.

Regards,
Sandeep Kumar
Advocate
Email: [Email Removed For Privacy Reasons]