1. Sir, accident can happen any time and any where. However, in order to be treated as an employment injury, the said accident must be out of and in the course of employment. Naturally, the accident can happen even on first day of employment or within few days of employment when no contribution under ESI Act, 1948 has been actually deducted and paid by the employer.
2. It is, however, essential that the said injured employee must be on the attendance roll of the employer and his declaration form should have been submitted by the employer and insurance number should have been allotted. Otherwise, it will be difficult to get benefits under above Act.
3. Hope, the injured employee or his family members may contact the employer and ask for insurance number and ensure that the employer has submitted accident report to the ESIC Branch Office as well as to the appropriate ESIS dispensary to which the employees of said unit are attached. In my opinion, in such situation the injured person can get medical certification from ESIS dispensary and also benefits from his ESIC Branch Office.
4. I think, ESIC authorities will not reject the case if the employer have obtained insurance number of injured employee and has also submitted accident report. Injured employee or his family members can appeal to higher ESIC authorities of your area in case there is any grievance.