1. Dear Amit ji, thanks for writing me through citeHR as above.
2. I may submit that if you are an employer or HR or concerned person in your estt./factory, then kindly firstly ensure that the employee who suffered accident is having all relevant documents viz. his ESIC Identity Card and also that your establishment has submitted an Accident Report to the appropriate Branch Office of ESIC as well as to concerned ESIC dispensary. Please also ensure that your establishment has deposited contribution in time and he is eligible for such benefits. Concerned ESI dispensary Incharge (Dr.) is the appropriate authority who can refer any employee to any ESIC or other authorised hospital for further treatment. The institution of ESIC Branch Office is more important since this office has to pay Benefits (except medical treatment) to the insured person based on documents i.e. the accident report, the data of contribution the said office has received in respect of injured person from his employer and the medical certificates issued by appropriate ESIS dispensary/hospital etc.
3. I think, you can generate Accident Report online and submit the same to appropriate offices as above, if considered appropriate at this stage.
4.The question is not whether the said injured employee is able to perform his duties or not, but important question is whether the said employee has obtained medical certification from appropriate ESIS dispensary or not. If he got himself checked up or medically treated in said dispensary, then I may presume that the doctor must have issued him required medical certificates. Only on the basis of such medical certificates issued by ESI dispensary or referred hospital, the employee will be in a position to claim benefits - i.e. Temporary Disablement Benefit (TDB) or Permanent Disablement Benefit (PDB)( if certified by any ESIC Medical Board).
5. The present rate of TDB as mentioned above, is 90% of average daily wages of the employee as calculated based on as laid down in ESI (General) Regulations or Central Rules, 1950. I hope, your establishment and your employee may contact designated offices as mentioned above, if he require any benefits under ESI Act, 1948 and rules/regulations as mentioned above. With best wishes.