Sir(s),
In 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 to an employer to submit Declaration Form in respect of new employee. I think, at this stage also there is no harm if the declaration form as well as accident report is submitted to the ESIC Branch Office with explanation of delay. The Office of ESIC can warn/issue notice to the employer for late submission of declaration form/accident report. But, 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 accident is serious, then for further period medical leaves or medical facilities can be obtained from ESI institutions after obtaining ESI Number for such new employee.
I will also suggest that the concerned person HR/attending to ESI work with 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 of any procedure at the level of employer.