Dear Sir/Madam,

I need clarification. Our construction site is covered under the ESI Act, and we have also taken a Workmen's Compensation policy. However, is it necessary to have this policy?

Kindly help me sort out this issue.

Thank you.

From India, Bangalore
Acknowledge(0)
Amend(0)

The Workmen's Compensation Act is a compulsory enactment. This means that if an employee is covered under Scheduled Employment, this act applies. The ESI and EC Acts serve different purposes. Therefore, in any case, the Workmen's Compensation Act will apply. Please refer to the website below for a more detailed differentiation.
From India, Kolkata
Acknowledge(0)
Amend(0)

If you go through the Employee Compensation Act (earlier it was called the Workman Compensation Act), it is very clearly stated that this does not apply to any employee covered by the ESIC Act and schemes. Therefore, it would not be necessary to cover workers under ESIC in the workman compensation insurance plan. Any compensation due to them for accidents will be taken care of by ESIC.

However, employees with a salary of more than ₹15,000 per month are not covered under ESIC. Therefore, you should have a WC insurance policy to take care of those employees.

From India, Mumbai
Acknowledge(0)
Amend(0)

Labour law index, please do not mislead people. Workman compensation act does not apply to any employee covered under ESIC
From India, Mumbai
Acknowledge(0)
Amend(0)

Section 53 of ESI Act reproduced below which bars claim by an IP or his dependents from any other source than ESIC V K Gupta
From India, Panipat
Acknowledge(0)
Amend(0)

Agreed with Saswata Banerjee in the matter in support of same i am enclosing the circular hope this will clear all doubts. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
Attached Files (Download Requires Membership)
File Type: pdf ESIC Circular_Applicable to Construction Sector.pdf (818.5 KB, 272 views)

Acknowledge(0)
Amend(0)

Dear All,

Greetings...

Please read the thread at https://www.citehr.com/575067-workme...red-under.html where the issue is discussed in detail.

Regards,

From India, Pune
Acknowledge(0)
Amend(0)

Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.