ESI Mix-up: How Can We Fix an Employee's Medical Coverage Error After an Accident?

Our company, which has been employing over 450 employees and paying ESI and PF for the last 15 years, faced an issue in August 2020. During the registration process for new employees for ESI, one of our HR executives mistakenly linked the ESI IP number of a new employee, Employee A, to another existing employee, Employee B. Unfortunately, this error went unnoticed for over five months. In January 2021, Employee A suffered a severe head injury in an accident and is currently undergoing treatment in a private hospital under his parental medicare, since he was unable to avail of the ESI medical facility due to the error. The ESI branch officer has suggested discussing this issue with the Delhi office but has also mentioned that the chances of rectifying this error are slim. We are based in India. Could you please suggest a solution to rectify this issue?

This is indeed a complicated situation, but there might be some steps you can take to rectify it.

Step 1: Internal Documentation
First, ensure to document everything internally. This includes the error that was made, the timeline of events, and any communication with Employee A, Employee B, or the ESI branch officer.

Step 2: Contact the ESI Delhi Office
Given the direction from the ESI branch officer, your next step should be to contact the ESI Delhi office. Write a detailed letter explaining the error, the impact on Employee A, and the steps you have taken so far to rectify it.

Step 3: Legal Advice
Depending on the response from the ESI Delhi office, you might need to seek legal advice. This could help you understand the potential implications of the error and what steps you can take to rectify it.

Step 4: Communication with Employee A
Ensure to keep Employee A informed throughout this process. Communicate the steps you are taking to rectify the error and assure him that you are doing everything you can to resolve the issue.

Step 5: Preventive Measures
To prevent such issues in the future, consider training your HR staff on the correct procedures for registering new employees for ESI. Also, consider implementing a double-checking system to catch any potential errors.

Please note that the process of rectification can be lengthy and the outcome is uncertain. However, it's important to demonstrate that you are taking proactive steps to correct the error and ensure the welfare of your employee.

Remember, this advice is based on general HR practices, and you should consult with a legal professional for advice tailored to your specific situation.