Understanding ESIC Procedures: How to Handle Accidents and Emergencies for Employees?

Clarification Needed on ESIC Procedures

I have a few doubts about ESIC. Please clarify the following:

1. If an employee meets with an accident during office hours but outside the office premises, what should we do? What about if it happens within the office premises? Also, if it occurs outside office hours, please let me know.

2. What should be done if an employee is in the office premises?

3. In the unfortunate event that an employee dies outside the office, what steps need to be taken?

Thank you.

Dear Ashok,

As an employee met with an accident outside during work, the following formalities should be completed:

1. Firstly, check if the employee is covered under the ESIC scheme.
2. Secondly, verify if the accident report has been registered with the police.
3. Thirdly, confirm whether the employee, if on outside duty, has their outdoor duty slip or approval with the company.
4. Report the accident in Form 11 (accident register) of ESIC, duly signed by two witnesses or enclose the police report.
5. Fill out Form-12 (in triplicate) of ESIC and submit it to the local office within 24 hours so that the compensation process can begin.

After submitting Form-12, a medical board will be established by ESIC to assess the matter concerning compensation and benefits. The liability for compensation should rest with ESIC instead of the employer.

Thanks & Regards,

Sumit Kumar Saxena

Understanding Employment Injury under the E.S.I. Act, 1948

It is not so important at what time the accident occurred. It is also not crucial whether the accident took place inside or outside the office or factory premises. The main important criterion is whether the accident resulting in personal injuries to the insured person satisfies the criteria of "employment injury" as defined under section 2(8) of the E.S.I. Act, 1948. Besides this section, other important legal points have been laid down in Sections 46, 51 to 55-A of the said Act.

Procedures to Follow

The procedures to be followed by the employer, the injured employee, or their dependents are outlined in the ESI (Central) Rules, 1952, and ESI (General) Rules, 1952.

Benefits under the E.S.I. Act

Benefits such as Temporary Disablement Benefit, Permanent Disablement, and Dependant Benefit are crucial benefits under the said Act. HR staff of covered units should have proper knowledge of such laws and procedures so that proper and timely benefits are made available to the injured insured persons in need and their dependents.

Thank you.

ESIC Coverage for Employees

The ESIC coverage is available to the employee the moment he/she steps out of the house until he/she steps back in. The only requirement is that the journey to and from the office should be by the shortest route and within a reasonable time.

Regards,

Greetings and Information on ESIC Circulars

In my earlier post, I already addressed the matter broadly. You can find it by simply typing sumitk.saxena in the search column of citehr.com. Currently, I am enclosing the copies of the circulars. This will be beneficial for you and hopefully can clear all your doubts.

Thanks and Regards,

Sumit Kumar Saxena

Dear Ashok ji, Following are the answers you may find helpful:

Employee Accidents and Compensation

It should be established that the injury arises out of and in the course of employment. Whether the accident occurred in your office or outside the office is not important. Even if the accident occurred after office working hours, once it is established that the accident occurred out of and in the course of employment, it is considered an employment injury. You need to submit an accident report to the respective authority. Compensation should be provided as per the Employees' Compensation (EC) Act if the employee is not covered under the Employees' State Insurance (ESI). If the employee is covered under ESI, compensation/pension will be paid by the ESI Corporation.

Employee on Office Premises

The answer is as mentioned above.

Employee Death Outside the Office

The answer remains the same as above.

I hope this clarifies your queries. Let me know if you need any further assistance.

Thank you.