Dear Members,
I do not agree with the statement of Sh Vijay Dhinga Ji that "If you are working in construction industry and the worker was working at the site then the ESI is not applicable". As far as I understand if your work site is located in the area, where ESI scheme is not implemented, which is in other words called as 'Non-implemented Area' then only Employees' Compensation Act,1923 will be made applicable.
As far 1st query of Sh R Mishra is concerned, Section 53 of ESI Act,1948 clearly debar insured persons from receiving compensation under any other law.Members have already explained the benefits to which the dependent/legal heirs are entitled in respect of the deceased employee. In reference to your 2nd query, it is clarified that where wage of an employee exceeds Rs. 15000.00 p.m, then Employees' Compensation Act,1923 shall come into picture.
BS Kalsi
Member since Aug 2011
From India, Mumbai
455I do not agree with the statement of Sh Vijay Dhinga Ji that "If you are working in construction industry and the worker was working at the site then the ESI is not applicable". As far as I understand if your work site is located in the area, where ESI scheme is not implemented, which is in other words called as 'Non-implemented Area' then only Employees' Compensation Act,1923 will be made applicable.
As far 1st query of Sh R Mishra is concerned, Section 53 of ESI Act,1948 clearly debar insured persons from receiving compensation under any other law.Members have already explained the benefits to which the dependent/legal heirs are entitled in respect of the deceased employee. In reference to your 2nd query, it is clarified that where wage of an employee exceeds Rs. 15000.00 p.m, then Employees' Compensation Act,1923 shall come into picture.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear R Misra,
Yes, your question is very correct. The employer cannot escape from his liability when the employee is drawing wages above the ESI limit. In respect of such employees the Emp. Comp. Act will certainly comes into play. The bar is for receiving dual benefits for the same cause. Incipiently, the ESI Act does not exempt the employer from his liability in respect of workers drawing above the limit. So, I think, the employer should make arrangements for those workers who are out of ESI coverage.
I was thinking, instead of excluding the up-salary workers form ESI, they should be covered under ESI and their contribution be restricted to the limit in operation. This will cover all employees of establishment drawing any salary, but for the purposes of ESI contributions, a certain limit say 20,000 be fixed.
I hope this throws due light on the point.
With Regards,
Adv. K. H. Kulkarni
From India, Kolhapur
Yes, your question is very correct. The employer cannot escape from his liability when the employee is drawing wages above the ESI limit. In respect of such employees the Emp. Comp. Act will certainly comes into play. The bar is for receiving dual benefits for the same cause. Incipiently, the ESI Act does not exempt the employer from his liability in respect of workers drawing above the limit. So, I think, the employer should make arrangements for those workers who are out of ESI coverage.
I was thinking, instead of excluding the up-salary workers form ESI, they should be covered under ESI and their contribution be restricted to the limit in operation. This will cover all employees of establishment drawing any salary, but for the purposes of ESI contributions, a certain limit say 20,000 be fixed.
I hope this throws due light on the point.
With Regards,
Adv. K. H. Kulkarni
From India, Kolhapur
Where ESI Act is applicable, Employee compensation Act is not applicable, Now question conmes when an employee gets more than Rs. 15,000/- in a month, in his case what will happen if he dies due to employment injury. His case is to be settled in line with Employee Compensation Act. We suggest our Management to take Insurance coverage (personal Accident with Medical coverage as per parameters of compensation fixed by Employy Compensation Act
A.K. Hati
09771438224
From India, Kolkata
A.K. Hati
09771438224
From India, Kolkata
Dear Sir,
Your discussion is very much valuable to people like us who are novice in this field.
I request you to please shed some light on following questions:
1. Who can be considered as employee under WC,Act?
2.As per ESI whether person in admnistrative capicity drawing salary less than 15000 can be covered under ESI act or WC act or company insurance?
3. If Employee is covered under ESI act and meets with accident then he will be getting PF but whether his heir will be liable to get Pension under EPF act and family pension both under ESI act or not?
4. In case of EC act how the employee's heir will be benefited if he meets accident/death and in case of death whether there is any pension scheme provision is there?
5. Workmen compensation is calculated as 50% of basic and relevant factor of schedule IV in case of death and 60% of basic and relevant factor in case of permanent disablement.Then how it is calculated in case of partial disablement and what is the maximum limit?
Thanks
A. Rodrigues
From India, Thane
Your discussion is very much valuable to people like us who are novice in this field.
I request you to please shed some light on following questions:
1. Who can be considered as employee under WC,Act?
2.As per ESI whether person in admnistrative capicity drawing salary less than 15000 can be covered under ESI act or WC act or company insurance?
3. If Employee is covered under ESI act and meets with accident then he will be getting PF but whether his heir will be liable to get Pension under EPF act and family pension both under ESI act or not?
4. In case of EC act how the employee's heir will be benefited if he meets accident/death and in case of death whether there is any pension scheme provision is there?
5. Workmen compensation is calculated as 50% of basic and relevant factor of schedule IV in case of death and 60% of basic and relevant factor in case of permanent disablement.Then how it is calculated in case of partial disablement and what is the maximum limit?
Thanks
A. Rodrigues
From India, Thane
Mr Rodies PL call me for answer to your query. VArghese Mathew 09961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear All
Would like to know by whom the benefit need to be claimed under the following circumstances.
CASE-1
A company engages a contractor for completing a certain work say-installation of electricity poles. The company enters into the same with an agreement which states that full compliance need to be maintained in the site as well as with regards to the workers. The contractors agrees to that and starts the work.
The principal employer meanwhile takes a WC policy for that project with an projected /estimated labours of around 60 workers. After few days of working a worker in the site met with an accident while installing the pole and died. The principal employer files a WC claim with the insurance stating that there has been an accidental death in the site and the contractor does the same in ESIC.
My question is where will the claim be dealt with and how can the company take a WC policy whereas the workers working under the contractor are already covered under ESIC.
Please note that this is a real incident that happened though WC claim was revoked with the reason that two claims cannot be filed for a same person. I may be wrong in citing the reason for the revocation of the claim as am not working in that department but got the history of the incident as the claim department discussed the same with me.
From India, Calcutta
Would like to know by whom the benefit need to be claimed under the following circumstances.
CASE-1
A company engages a contractor for completing a certain work say-installation of electricity poles. The company enters into the same with an agreement which states that full compliance need to be maintained in the site as well as with regards to the workers. The contractors agrees to that and starts the work.
The principal employer meanwhile takes a WC policy for that project with an projected /estimated labours of around 60 workers. After few days of working a worker in the site met with an accident while installing the pole and died. The principal employer files a WC claim with the insurance stating that there has been an accidental death in the site and the contractor does the same in ESIC.
My question is where will the claim be dealt with and how can the company take a WC policy whereas the workers working under the contractor are already covered under ESIC.
Please note that this is a real incident that happened though WC claim was revoked with the reason that two claims cannot be filed for a same person. I may be wrong in citing the reason for the revocation of the claim as am not working in that department but got the history of the incident as the claim department discussed the same with me.
From India, Calcutta
You unnecesasirly incurred expense in covering IPs under WC policy.One can claim under one law only. VARGHESE MATHEW
From India, Thiruvananthapuram
From India, Thiruvananthapuram
What I do in case of non-esi employees just to avoid any kind of grievance from the workers side related to accident / accidental death
I take a policy "Personal accident cum Medical Expenses" in name of each employee who do not fall within the purview of ESI. due to wage more than Rs.15000/- pm .
It is very much sure where ESI is implemented , Employee compensation Act is not applicable as ESI gives much larger benefits than Employee compensation Act. Both are social security benfits and deals on health hazards.
In recent time a case under Employee compensation Act was filed with the commissioner of Employee compensation by a lawyer on behalf of relatives of workmen . Reason of filing is that the concerned contractor has taken a Policy from Insurance Company in line with Employy Compensation Act and the lawyer was arguing that as the workman was covered under that policy, Insurance Company is bound to pay death compensation.
Management was also made a party to that case and management expressed that the case is not maintainable in court of Workmen Compensation Commissioner as the concerend workman used to work in a area covered under ESI act and the injury lead to death happened in the Factory which is covered under ESI Act and the deceased was an Insured person
On getting this argument the WC Commissioner outrightly rejected the case as not maintainable
A.K. Hati
9771438224
From India, Kolkata
I take a policy "Personal accident cum Medical Expenses" in name of each employee who do not fall within the purview of ESI. due to wage more than Rs.15000/- pm .
It is very much sure where ESI is implemented , Employee compensation Act is not applicable as ESI gives much larger benefits than Employee compensation Act. Both are social security benfits and deals on health hazards.
In recent time a case under Employee compensation Act was filed with the commissioner of Employee compensation by a lawyer on behalf of relatives of workmen . Reason of filing is that the concerned contractor has taken a Policy from Insurance Company in line with Employy Compensation Act and the lawyer was arguing that as the workman was covered under that policy, Insurance Company is bound to pay death compensation.
Management was also made a party to that case and management expressed that the case is not maintainable in court of Workmen Compensation Commissioner as the concerend workman used to work in a area covered under ESI act and the injury lead to death happened in the Factory which is covered under ESI Act and the deceased was an Insured person
On getting this argument the WC Commissioner outrightly rejected the case as not maintainable
A.K. Hati
9771438224
From India, Kolkata
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
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