There is always a chance that when a second opinion is taken only we will come to know about something wrong in the first medical examination. Therefore, you cannot blame the employee for this. But you should blame yourselves for not sending the injured to ESI hospital and not submitting the accident report online. Now you can submit the accident report online and send the printout to the ESI branch office with an explanation that since the injury was not found fatal you gave only first aid but when he developed pain subsequently, he consulted another hospital where he was operated. The ESIC will reimburse the cost incurred by the insured person, ie, Rs 15000, on a later date. He has to submit the bills in support of his claim in original to the ESI.
There are two alternatives to handle this situation. You can pay it to the worker now and ask him to pay it back to the company when he gets the money from the ESIC. This will take time. Otherwise, ask him to claim it from ESIC and bear the cost by himself for the time being. I would recommend that you should at least do the first thing because it is a matter of a worker whose earning is very less, say less than Rs 15000 and the accident had happened while on duty.
If you can convince the delay in submitting the accident report, the employee will get at least wages (100% of benefit rate since it is an accident) for the days he may have to be on leave. Again for an employee like this a loss of income for a single day is a huge loss.
Moral of the story: Always send an ESI covered employee to ESI hospital only for treatment and also advise the employees putting a notice that if any one falls sick never visit any private hospital unless it is an empanelled one. Also note that even direct admission to empanelled hospital should not be encouraged because this facility has been withdrawn and in order to get better treatment you have to get your case referred from ESi dispensary or hospital.
Madhu.T.K