In our factory premises one of the contractors' labour met with an accident today. We as principal employer has done the first aid and sent him to ESI hospital by our company's ambulance. That contractor have his own ESI code and that labour has Esi registration. Please advise any further action that we as principal employer need to ensure. Does we need to send the accident report to esi or its to be sent by the contractor. Request your guidance.
Rgds,
DG
From India, Delhi
4Rgds,
DG
From India, Delhi
Since the contractor has his own ESI registration, the employee who met with the accident will be under that registration number only. He will not be available in the Principal Employer's employee list when he logs in for submitting the accident report. Therefore, the contractor only can send the accident report. Therefore, you have to furnish the details to the contractor like exact place of accident, what the employee was doing at the time of accident, nature of injury, whether fracture, cut, contusion etc and location (right hand/ leg, eye, chest ...) and so on so that he can submit the form 12 online as well off line (submit the hard copy to the Branch office and Dispensary)
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Saptrishi,
Since your Company is the principal employer, you will have to ensure that due care of treatment is taken by the Contractor, failing which you can extend your resources. If there is any loss of earning capacity, you can direct the Contractor to pay Compensation as per rule. If he fails, you can pay the due sum and the amount may be deducted from Contractor's bill when put-up after the disbursement by your Company or provisional "Keep Back" may be deducted to avoid any complication. After all, being principal employer it is your Company's responsibility to ensure payment besides post accidental care/treatment.
AK Jain
From India, Jabalpur
Since your Company is the principal employer, you will have to ensure that due care of treatment is taken by the Contractor, failing which you can extend your resources. If there is any loss of earning capacity, you can direct the Contractor to pay Compensation as per rule. If he fails, you can pay the due sum and the amount may be deducted from Contractor's bill when put-up after the disbursement by your Company or provisional "Keep Back" may be deducted to avoid any complication. After all, being principal employer it is your Company's responsibility to ensure payment besides post accidental care/treatment.
AK Jain
From India, Jabalpur
hi Madhu
I assume you are talking in terms of report of accident under ESIC Rules
However, if it is a factory, i think the factory (principal employer) needs to send an accident report to the factory inspector, independent of what is going to the ESIC. That is because the contract worker is a worker in the factory and the occupier of the factory is responsible for ensuring safety and proper working environment.
From India, Mumbai
I assume you are talking in terms of report of accident under ESIC Rules
However, if it is a factory, i think the factory (principal employer) needs to send an accident report to the factory inspector, independent of what is going to the ESIC. That is because the contract worker is a worker in the factory and the occupier of the factory is responsible for ensuring safety and proper working environment.
From India, Mumbai
Sir(s),
I fully agree with the views expressed by Mr. Madhu T.K.
Since the employee who suferred an accident is covered on the code number of Contractor itself, it is only the records viz., payment of wages Register, Attendance Register, Register of Employees, and Accident Register etc. of Contractor which are relevant in this case.
The responsibility of principal employer will arise only in case, the contractor will fail to discharge his duties as an immediate employer. In such eventuality also the records of Contractors as mentioned above will be relevant for admission of accident case as that of employment injury.
From India, Noida
I fully agree with the views expressed by Mr. Madhu T.K.
Since the employee who suferred an accident is covered on the code number of Contractor itself, it is only the records viz., payment of wages Register, Attendance Register, Register of Employees, and Accident Register etc. of Contractor which are relevant in this case.
The responsibility of principal employer will arise only in case, the contractor will fail to discharge his duties as an immediate employer. In such eventuality also the records of Contractors as mentioned above will be relevant for admission of accident case as that of employment injury.
From India, Noida
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