What Happens if an Employee Has an Accident Before Getting Their ESIC Number?

I want to know if an employee joins a company and the employer does not obtain their ESIC number within 1-5 days. During this period, if the employee has an accident, what should the employer or ESIC do? Does the employer have some time (days) to obtain the ESIC number?

Only the employer is liable for such incidents. ESIC registration should be done within 48 hours from the date of joining.

Could you please guide me on what steps to take when an employee has an accident in the company? Who should we inform first, and which form should be used at that time?

Regards,
Pardeep Kumar

Accident Reporting to ESIC

Whenever any accident occurs, you have to inform the local ESIC Office within 48 hours. You need to submit the Accident Report in the prescribed Form-12, which will contain all the information such as when the accident happened, where it happened, how it happened, nature of injury, etc. Form-12 is attached for your reference.

Regards

Instead of making the employee non-entitled for disablement benefit, in my opinion, it would be better to submit the Declaration Form as well as the Accident Report to the appropriate Branch Office of ESIC and to the ESI dispensary even at this stage. Though it may be late, at least the employee can claim his benefits if his case is admitted as that of an employment injury.

Regards.

Will ESIC entertain a backdated injury claim for the period when the employee was not registered as an Insured Person (IP)? Thank you!

In the comments, the member has not mentioned the extent of delay in obtaining the ESI Number of a new employee. However, Regulation 14 of ESI (General) Regulations, 1950 allows a period of 10 (ten) days for an employer to submit the Declaration Form in respect of a new employee. I think at this stage, there is no harm if the declaration form, as well as the accident report, is submitted to the ESIC Branch Office with an explanation of the delay. The Office of ESIC can warn or issue a notice to the employer for the late submission of the declaration form/accident report.

In my opinion, the Branch Office has to consider the claim of the injured employee if the medical certificates are obtained from any ESI institutions. In case the accident is serious, further medical leaves or medical facilities can be obtained from ESI institutions after obtaining the ESI Number for such a new employee.

I also suggest that the concerned HR person/individual attending to ESI work with the employer may discuss the matter with the Branch Office Manager of ESIC.

In my opinion, the injured insured person should not be made to suffer due to non-compliance with any procedure at the employer's level.

Thank you.

Your description is appreciable. However, until employees are registered as an IP, neither the dispensary nor the ESIC Hospital will entertain that employee. When it comes to the process of obtaining medical benefits, after showing the ESIC card/TIC, employees can get medicines from the dispensary. If a disease or injury is not curable at the dispensary, they will refer the employee to a hospital acknowledged by the Local Office.

I hope you understand the concern that ESI registration is mandatory for sickness benefits, cash benefits, etc.

I understand your concern regarding providing benefits to the employee to whom the employer could not complete formalities of registration with ESIC. In this connection, I may inform you that ESIC has prescribed a form namely ESIC-86 (Certificate of Employment), which is to be issued by the employer to insured persons in cases where an Identity Card or Temporary IC has not been issued to the Insured Person. This form, if issued by the employer, is valid only for a short period.

The blank form No. ESIC-86 can be obtained from the appropriate Branch Office of ESIC.

On the basis of the said form, the IP will be entitled to medical benefits. However, in place of columns of Insurance Number, the concerned ESI dispensary will indicate as "Applied For" or as per their procedure.

I hope you will not feel discouraged regarding the procedure under the ESI Act. As a responsible employer or his HR/concerned official dealing with social security benefits for employees, I trust you will follow the procedure properly and in time so that the insured persons may not suffer. You will agree with me that in very serious accident cases, the liability of the employer is very heavy under the Employees' Compensation Act, as well as other consequences due to non-compliance with any Act/Rules/Regulations.

Please review the attached Form-86 mentioned. Thank you.