Clarification in ESI Treatment- another hospital said that there was a fracture and did an operation

Harsh Kumar Mehta
1. Sir, since, the accident is neither in the course of employment, nor out of employment , hence the said insured person will not be entitled for the disablement benefits under ESI Act, 1948 and rules/regulations framed thereunder.

2. However, the said Insured Person will be entitled for medical treatment/hospital care as admissible under said Act.

3. So far as cash benefits are concerned, the Insured Person will be entitled for the payment of ESI leaves, which is called as "Sickness Benefit" provided that the said insured is entitled for the same and has not already exhausted his entitled leaves under said Act. This is also subject to medical certification from ESI dispensary/hospital. Sickness Benefit is paid @ of 70% of average daily wages calculated as per rules. Further you can get required information on benefits under said Act/rules/regulations from online link as available on ESIC website, link of the same is mentioned as follows:

Information - Benefits | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India
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