Employee was covered under ESI. He was involved in an accident one year ago, during which time he received treatment from a private doctor without informing ESIC. Can we now file the accident claim with ESIC? Please advise.
From India, Delhi
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From India, Delhi
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you to need to intimate within 48 hours of accident to ESI. Now it is not possible. you can calculate and pay the sum from your company.
From India, New Delhi
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425From India, New Delhi
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Dear member, in my opinion, Mr. Jagat Kumar has rightly mentioned the correct position in his remarks as above. However, there are various questions which arise out of the remarks as mentioned by you. Some of such questions/doubts can be mentioned as follows:
(a) What were the reasons as to why the accident report was not filed with ESIC authorities immediately after the occurrence of such an accident?
(b) Secondly, did the said accident occur during or in the course of employment?
(c) Was any FIR lodged with the police authorities relating to the said accident?
(d) Has the injured employee suffered injuries of a permanent nature?
(e) Is there any evidence, either with the management or the injured employee, that actually, any of such accidents occurred in the unit/factory?
I hope that in the future, if there is any such eventuality, the employer will not forget to comply with the procedures laid down in the ESI Act, 1948, and the rules/regulations framed thereunder.
From India, Noida
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(a) What were the reasons as to why the accident report was not filed with ESIC authorities immediately after the occurrence of such an accident?
(b) Secondly, did the said accident occur during or in the course of employment?
(c) Was any FIR lodged with the police authorities relating to the said accident?
(d) Has the injured employee suffered injuries of a permanent nature?
(e) Is there any evidence, either with the management or the injured employee, that actually, any of such accidents occurred in the unit/factory?
I hope that in the future, if there is any such eventuality, the employer will not forget to comply with the procedures laid down in the ESI Act, 1948, and the rules/regulations framed thereunder.
From India, Noida
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ESI For road accident.pdf
Esi form 16 ( accident form).xls