Contractor's Worker Injured on Site: What Steps Should We Take as the Principal Employer?

In our factory premises, one of the contractors' laborers met with an accident today. We, as the principal employer, have provided first aid and sent him to the ESI hospital in our company's ambulance. The contractor has his own ESI code, and the laborer has ESI registration. Please advise on any further actions that we, as the principal employer, need to ensure. Do we need to send the accident report to ESI, or is it to be sent by the contractor? Your guidance is appreciated.

Regards,
DG

As you are the principal employer, you need to send the accident report to the ESIC manager and closely monitor the treatment and discharge status of that worker.

Regards

Since the contractor has his own ESI registration, the employee who met with the accident will be under that registration number only. He will not be available in the Principal Employer's employee list when he logs in for submitting the accident report. Therefore, the contractor can only send the accident report. You have to furnish the details to the contractor, like the exact place of the accident, what the employee was doing at the time of the accident, the nature of the injury (whether fracture, cut, contusion, etc.), and location (right hand/leg, eye, chest, etc.) so that he can submit the Form 12 online as well as offline (submit the hard copy to the Branch office and Dispensary).

Regards,
Madhu.T.K

Since your company is the principal employer, you will have to ensure that due care of treatment is taken by the contractor. Failing to do so, you can extend your resources. If there is any loss of earning capacity, you can direct the contractor to pay compensation as per the rules. If he fails to comply, you can pay the due sum, and the amount may be deducted from the contractor's bill when it is presented after the disbursement by your company, or a provisional "Keep Back" may be deducted to avoid any complications. After all, being the principal employer, it is your company's responsibility to ensure payment besides post-accidental care/treatment.

Regards,
AK Jain

I assume you are talking in terms of a report of an accident under ESIC Rules. However, if it is a factory, I think the factory (principal employer) needs to send an accident report to the factory inspector, independent of what is going to the ESIC. That is because the contract worker is a worker in the factory, and the occupier of the factory is responsible for ensuring safety and a proper working environment.

Since the contractor has his own ESI registration, the employee who met with the accident will be under that registration number only. He will not be available in the Principal Employer's employee list when he logs in for submitting the accident report. Therefore, the contractor only can send the accident report. You have to furnish the details to the contractor like the exact place of the accident, what the employee was doing at the time of the accident, nature of the injury, whether fracture, cut, contusion, etc., and location (right hand/leg, eye, chest...) and so on so that he can submit the Form 12 online as well offline (submit the hard copy to the Branch office and Dispensary).

Regards,
Madhu.T.K

I fully agree with the views expressed by Mr. Madhu T.K. Since the employee who suffered an accident is covered under the code number of the contractor itself, only the records such as the Payment of Wages Register, Attendance Register, Register of Employees, and Accident Register of the contractor are relevant in this case.

The responsibility of the principal employer will arise only if the contractor fails to discharge their duties as an immediate employer. In such an eventuality, the records of the contractor, as mentioned above, will be relevant for the admission of the accident case as that of an employment injury.

Thank you.

Yes, the report of the accident to be sent to the Inspector of Factories and Boilers is to be sent by the Principal Employer only.

Regards,
Madhu.T.K