Are you talking of free treatment ? If free treatment and leave is available, then what is left ?
From India, Mumbai
2395From India, Mumbai
Dear Mr. Bandna,
You are clearly admitting that, your Company Driver was NOT ON DUTY. I think you also know that, this case is not eligible for getting the benefits from ESIC. Then why you are trying to make the fake records for the sake of getting benefits from ESIC. ESIC can take penal action against you when the real facts comes forward during the investigation and it will create bad impression about you & your organisation also.
Prakash Salunkhe
From India, Pune
You are clearly admitting that, your Company Driver was NOT ON DUTY. I think you also know that, this case is not eligible for getting the benefits from ESIC. Then why you are trying to make the fake records for the sake of getting benefits from ESIC. ESIC can take penal action against you when the real facts comes forward during the investigation and it will create bad impression about you & your organisation also.
Prakash Salunkhe
From India, Pune
Sir(s),
I fully endorse the views of Mr. Nair & Mr. Mathew as above because submission of any false information or false claim is an offence punishable under section 84 of Employees' State Insurance Act, 1948.
Further it may also not be ignored that ESIC Branch Manager after receipt of Accident Report will ask you to submit a copy of FIR registered with Police Authorities and also Investigation Report / findings of Police Authorities.
From India, Noida
I fully endorse the views of Mr. Nair & Mr. Mathew as above because submission of any false information or false claim is an offence punishable under section 84 of Employees' State Insurance Act, 1948.
Further it may also not be ignored that ESIC Branch Manager after receipt of Accident Report will ask you to submit a copy of FIR registered with Police Authorities and also Investigation Report / findings of Police Authorities.
From India, Noida
he can take medical benefit from esic and leave benefits, but u must not submit any accident report qs he was not on duty
u have duty towards your employess but not at the cost of esic.
If he not died or have got any permanently disability then what kind of others benefits u are looking at?
Thanks
From India, Patiala
u have duty towards your employess but not at the cost of esic.
If he not died or have got any permanently disability then what kind of others benefits u are looking at?
Thanks
From India, Patiala
Dear Friends,
As per the situation he was not on duty while accident happened.
But you can directly meet the branch manager of ESIC & say all correct detail about his death.
As he his covered under ESIC so ESIC cant denined to give benefit to his depents,I agree that its not accour during the course of employment but you can bring all relevent documents which proves that he was working with your organisation.
There is no requirement to make fake records.Just go & meet the branch manager for calrification.
From India, Mumbai
As per the situation he was not on duty while accident happened.
But you can directly meet the branch manager of ESIC & say all correct detail about his death.
As he his covered under ESIC so ESIC cant denined to give benefit to his depents,I agree that its not accour during the course of employment but you can bring all relevent documents which proves that he was working with your organisation.
There is no requirement to make fake records.Just go & meet the branch manager for calrification.
From India, Mumbai
All seniors thank you very much for your support..
I have submitted the accident report to ESIC & presented a clear picture in front of Branch Manager. He is also saying that he is not eligible for getting claim. But he can get leave benefit.
Please can you explain what is the actual rate of leave benefit from ESIC. ? Branch manager said that they will send the case to the head office. If the case is acceptable by the head office then what kind of benefits he can get.????
Thanks & Regards
BANDNA
From India, Delhi
I have submitted the accident report to ESIC & presented a clear picture in front of Branch Manager. He is also saying that he is not eligible for getting claim. But he can get leave benefit.
Please can you explain what is the actual rate of leave benefit from ESIC. ? Branch manager said that they will send the case to the head office. If the case is acceptable by the head office then what kind of benefits he can get.????
Thanks & Regards
BANDNA
From India, Delhi
Dear Member,
(1) Leave Benefit, as you have mentioned is called "Sickness Benefit" under ESI Act and is payable @ 70% of Standard Benefit Rate ( Rule 55 of ESI (Central) Rules,1950). Standard Benefit Rate is further defined as average daily wages obtained by dividing the total wages paid during the relevant contribution period by the number of days for which these wages were paid (Rule 2(7A). Further there is limitation of 90 days for payment of said benefit in said Rule.
(2) In case the accident case is admitted as that of "employment injury" (which, I think is not possible as you have mentioned as per views of Branch Manager), then it can be called as 'Temporary Disablement Benefit" (TDB). TDB rate is 90% of Standard Benefit Rate as mentioned above (Rule 57). If there is any permanent disability, then the case can further be sent for medical board to assess the permanent disability as laid down in said Act.
I will suggest you go through the provisions of ESI Act, 1948 and rules/regulations framed therein and also study the literature on ESIC. You can download the same from the website of ESIC also. Perhaps, this will remove your doubts in the matter for future also.
From India, Noida
(1) Leave Benefit, as you have mentioned is called "Sickness Benefit" under ESI Act and is payable @ 70% of Standard Benefit Rate ( Rule 55 of ESI (Central) Rules,1950). Standard Benefit Rate is further defined as average daily wages obtained by dividing the total wages paid during the relevant contribution period by the number of days for which these wages were paid (Rule 2(7A). Further there is limitation of 90 days for payment of said benefit in said Rule.
(2) In case the accident case is admitted as that of "employment injury" (which, I think is not possible as you have mentioned as per views of Branch Manager), then it can be called as 'Temporary Disablement Benefit" (TDB). TDB rate is 90% of Standard Benefit Rate as mentioned above (Rule 57). If there is any permanent disability, then the case can further be sent for medical board to assess the permanent disability as laid down in said Act.
I will suggest you go through the provisions of ESI Act, 1948 and rules/regulations framed therein and also study the literature on ESIC. You can download the same from the website of ESIC also. Perhaps, this will remove your doubts in the matter for future also.
From India, Noida
Dear Seniors,
There is another question in my mind. Suppose the injured person's daily wage is Rs. 291/- (From May-11 to Sep-11) then according to leave benefit he can get 70% benefit from esic. His contribution period is from May-2011 to till then how much amount he can get from the ESIC as a sickness benefit. Please guide for for calculatiing it
Thanks & regards
BANDNA JAMWAL
From India, Delhi
There is another question in my mind. Suppose the injured person's daily wage is Rs. 291/- (From May-11 to Sep-11) then according to leave benefit he can get 70% benefit from esic. His contribution period is from May-2011 to till then how much amount he can get from the ESIC as a sickness benefit. Please guide for for calculatiing it
Thanks & regards
BANDNA JAMWAL
From India, Delhi
Dear Seniors,
Greeting of the day!!!
I have calculated his sickness benefit Which is given below:-
His daily wages From Oct-2012 to March-2013 is 381
Sickness benefit- 70%
So 70% of daily wages- 267
He was on ESI leave from 14th Dec-13 to 1st Jan-14 (Total days- 19)
Now calculated sickness benefit is:- 267*19= 5073
Kindly tell me is it ok or not. If any mistake then please guide me.
Thanks & regards
BANDNA JAMWAL
From India, Delhi
Greeting of the day!!!
I have calculated his sickness benefit Which is given below:-
His daily wages From Oct-2012 to March-2013 is 381
Sickness benefit- 70%
So 70% of daily wages- 267
He was on ESI leave from 14th Dec-13 to 1st Jan-14 (Total days- 19)
Now calculated sickness benefit is:- 267*19= 5073
Kindly tell me is it ok or not. If any mistake then please guide me.
Thanks & regards
BANDNA JAMWAL
From India, Delhi
Dear Member,
In the period as shown by you, two different benefit periods falls i.e. first- December, 2013 ending and second -June, 2014 ending. Therefore, in these 2 different benefit periods, the rates of sickness or eligibility to benefits may differ.
Further in respect of payments of Sickness Benefit, the benefit for first 2 days is not paid by ESIC and deducted as "waiting days". So, I think, your calculation may not be correct.
It is good aspect that you are calculating the benefits amount payable to employee under ESI Act. However, I will suggest you to ask the employee to show the slip issued by ESIC Branch Office regarding payments of benefits as and when he approaches to ESIC for receiving his cash benefit. From slip of benefits paid to the employee, you can get correct idea as to how the benefits are calculated under above Act and what were/are his rates of sickness benefits.
From India, Noida
In the period as shown by you, two different benefit periods falls i.e. first- December, 2013 ending and second -June, 2014 ending. Therefore, in these 2 different benefit periods, the rates of sickness or eligibility to benefits may differ.
Further in respect of payments of Sickness Benefit, the benefit for first 2 days is not paid by ESIC and deducted as "waiting days". So, I think, your calculation may not be correct.
It is good aspect that you are calculating the benefits amount payable to employee under ESI Act. However, I will suggest you to ask the employee to show the slip issued by ESIC Branch Office regarding payments of benefits as and when he approaches to ESIC for receiving his cash benefit. From slip of benefits paid to the employee, you can get correct idea as to how the benefits are calculated under above Act and what were/are his rates of sickness benefits.
From India, Noida
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