Dear all, I have submitted this article earlier but I got two answer but that does not satisfied me , so I am submitting further along with two replies.
Say, Mr X is working in an establishment in which ESIC Act is applicable and he is under ESIC Scheme. He meets with a fatal accident in working place So he will get all benefits and facilities under that ESIC scheme.
Mr Y of the same Organisation is out of ESIC Scheme meets with similar type of fatal accident. Which act or what type of benefit he will get. Provided no scheme is made by the Organisation.
Rep:1
as said above workmens compensation act will be applicable for compensation to worker due to accident caused in course of employment.
there can be only two cases where one person has ESIC and other doesnot have ESIC though being in same organisation
1) second person has salary above Rs 10000/- p.m.
2) second person is employed in non-implemented area of ESIC.
in both case WC is applicable. Wise idea would be to take WC insurance policy for such cases from any general insurance company
bhavik h chheda
Rep: 2
in ideal conditions, workmen compensation act applies in absence of ESI.
my friend, if you do not have any such contingency plans then i think your management is following the deep pocket theory when it comes to liabilities.
surya
My clear question is that is ESIC Act and Workmen Compensation Act Applicable in an Organisation same time. More clearly of above example Mr X and Mr Y are operator of a Machine. Accident happens and both injured. So Mr x will definitely get benefit of ESIC. Another part , will Workmen Compensation Act be applicable to Mr Y (as he is out of Esic)
Regds
Gurupada Pramanik
From India, Delhi
Say, Mr X is working in an establishment in which ESIC Act is applicable and he is under ESIC Scheme. He meets with a fatal accident in working place So he will get all benefits and facilities under that ESIC scheme.
Mr Y of the same Organisation is out of ESIC Scheme meets with similar type of fatal accident. Which act or what type of benefit he will get. Provided no scheme is made by the Organisation.
Rep:1
as said above workmens compensation act will be applicable for compensation to worker due to accident caused in course of employment.
there can be only two cases where one person has ESIC and other doesnot have ESIC though being in same organisation
1) second person has salary above Rs 10000/- p.m.
2) second person is employed in non-implemented area of ESIC.
in both case WC is applicable. Wise idea would be to take WC insurance policy for such cases from any general insurance company
bhavik h chheda
Rep: 2
in ideal conditions, workmen compensation act applies in absence of ESI.
my friend, if you do not have any such contingency plans then i think your management is following the deep pocket theory when it comes to liabilities.
surya
My clear question is that is ESIC Act and Workmen Compensation Act Applicable in an Organisation same time. More clearly of above example Mr X and Mr Y are operator of a Machine. Accident happens and both injured. So Mr x will definitely get benefit of ESIC. Another part , will Workmen Compensation Act be applicable to Mr Y (as he is out of Esic)
Regds
Gurupada Pramanik
From India, Delhi
Dear Bhavik,
I appreciated your question.
If an employee cover under ESIC scheme and he met an fatal accident. First, the Employer have to submit Accident Report to ESIC office & Factory Inspectorate within 24 hours from date & time of an accident. The legal heir of employee can claim the compensation from ESIC office. The amount given by office as per their annexure.
If ESIC has not applicable because his salary exceeds Rs.10,000/-. Then Employer have to submit accident report to Factory inspectorate within 24 hours and to the Labour Court Judge or Commssioner under W.C. Act, whiever applicable to zone. Therafter, the Employer has to compute the Compensaiton and deposit Compensation amount to Labour Court or Commissioner under WC act. Accordingy, the nominees of deceased employee put the claim to get the compensation from authorities.
Furhter more clarifications, write me
regs,
Bhushan Dahanukar
From India, Mumbai
15I appreciated your question.
If an employee cover under ESIC scheme and he met an fatal accident. First, the Employer have to submit Accident Report to ESIC office & Factory Inspectorate within 24 hours from date & time of an accident. The legal heir of employee can claim the compensation from ESIC office. The amount given by office as per their annexure.
If ESIC has not applicable because his salary exceeds Rs.10,000/-. Then Employer have to submit accident report to Factory inspectorate within 24 hours and to the Labour Court Judge or Commssioner under W.C. Act, whiever applicable to zone. Therafter, the Employer has to compute the Compensaiton and deposit Compensation amount to Labour Court or Commissioner under WC act. Accordingy, the nominees of deceased employee put the claim to get the compensation from authorities.
Furhter more clarifications, write me
regs,
Bhushan Dahanukar
From India, Mumbai
hi, i appreciate your question with complexity of confusion. as of my openion when ESIC is not covered for a employee, it is implied that in case of any accident the employee will enjoy the fruits of work man compensation act only. in other condition inorder to avoid this kind of problems which lead to internal conflicts,the management has to implement either esic or other form of risk gaurantee schemes.
From India, Chirala
From India, Chirala
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