Dear Sir, Our new employee joining from 01.11.2022, but unfortunately his accident occurred on 07.11.2022 , when he was on company tour that time. He gets treatment from Hospital and expenses were. Rs.75000/-.
He was on ESIC leave up to 31.01.23 and duty joining 01.02.23. After that he went to local ESIC office for receiving cash benefits during ESIC leaves period but ESIC not given any cash benefit. They told him Minimum 76 days work required for cash benefit towards ESIC leave.
So you are requested to guide us.
Ashok Sonar
From India, Dhule
He was on ESIC leave up to 31.01.23 and duty joining 01.02.23. After that he went to local ESIC office for receiving cash benefits during ESIC leaves period but ESIC not given any cash benefit. They told him Minimum 76 days work required for cash benefit towards ESIC leave.
So you are requested to guide us.
Ashok Sonar
From India, Dhule
For getting sickness benefits there are a few contributory conditions like 76 days contribution and benefit period. But his accident was during the course of employment. You should have uploaded the accident report treating it as accident while on duty. I understand that you have failed to do so. That is why he was not paid any cash benefits. In the case of accidents while on duty and during the course of employment, the insured will be entitled to cash benefits which is even more than the cash benefit available to sickness benefits.
The remedy available is to convince the Manager, Local Office and the person concerned in the Sub Regional Office of the ESIC that due to oversight you missed to upload the accident report and then upload it now if possible. When you upload a report of accident which happened some days back (I believe even three days back) in the online portal, a pop up will appear to show reasons for non submission of the accident report in time and you can submit your reply there itself. You can try this. Since it is an accident outside the plant, in a road, you have to prepare a sketch of the road where the accident occurred and attach the FIR, if available. These can be submitted offline separately with a covering letter explaining the delay.
If the employee does not get the benefits from the ESIC due to your negligence, then you, the employer, will have to meet the expenses, pay the salary for the period of absence and compensate the loss incurred following the provisions of the Employees Compensation Act.
From India, Kannur
4249The remedy available is to convince the Manager, Local Office and the person concerned in the Sub Regional Office of the ESIC that due to oversight you missed to upload the accident report and then upload it now if possible. When you upload a report of accident which happened some days back (I believe even three days back) in the online portal, a pop up will appear to show reasons for non submission of the accident report in time and you can submit your reply there itself. You can try this. Since it is an accident outside the plant, in a road, you have to prepare a sketch of the road where the accident occurred and attach the FIR, if available. These can be submitted offline separately with a covering letter explaining the delay.
If the employee does not get the benefits from the ESIC due to your negligence, then you, the employer, will have to meet the expenses, pay the salary for the period of absence and compensate the loss incurred following the provisions of the Employees Compensation Act.
From India, Kannur
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Medical benefit to window spouses Rule 60 ESIC 3.3.2014.pdf