Employer Insurance Dilemma: Is Coverage Mandatory for Non-ESIC Employees Earning Above 21k?

Is it compulsory for an employer to take insurance for all employees who are not covered by ESIC? That is, for staff whose salary is above 21k and are not covered by ESIC.

Employer's Obligation for Employee Insurance

Provided the employer has a better medical and compensation policy/scheme for any accident, mishap, or injury to staff arising out of the course of employment, including compensation if payable for death/disablement while on employee duty, it is not necessary for you to cover your employees under a private insurance scheme.

Employee Compensation Act Overview

Please refer to the Employee Compensation Act (formerly called the Workman Compensation Act).

The act applies to those not already covered by ESIC. It provides compensation for death or full/partial disablement for workers (and employees) based on age and salary drawn in case of death in the course of employment. This is considered applicable in certain circumstances even if the employee dies on the way to the office or on the way home.

The maximum compensation may be as high as 25 lakhs per person.

Recommendation for Employers

In view of the above, it is recommended that the employer take a 'Workman Compensation Insurance Policy' for all those who are not covered by ESIC. However, this will not cover the medical expenses of employees.