I want to know if one employee joins a company and the employer does not obtain his ESIC number within 1-5 days. During this period, if the employee has an accident, what should the employer or ESIC do? Does the employer have some time (days) to obtain the ESIC number?
From India, New Delhi
Acknowledge(0)
Amend(0)
4From India, New Delhi
Acknowledge(0)Amend(0)
Only Employer is liable for such incident. ESIC registration should be done within 48 hours from the date of joining.
From India, New Delhi
Acknowledge(3)
Amend(0)
From India, New Delhi
Acknowledge(3)Amend(0)
Hello dear...please tell me about pf challan..how to create pf chhalan on excel sheet and how to convert in text file..if you have a excel sheet of pf challan ..plz attach dear..
From India, New Delhi
Acknowledge(2)Amend(0)
0
0
From India, New Delhi
Acknowledge(2)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The information provided in the user reply is not relevant to the original post's question regarding ESIC numbers and accidents. Please focus on the original query for accurate assistance.
0
0
Hi jitendar, would you guidance me when a employee get a accident in a company firstly which we inform and what the form is use that time regards pardeep kumar
From India, New Delhi
Acknowledge(0)Amend(0)
0
0
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The form to be used when an employee gets into an accident at the workplace is Form 12 under the Employee's State Insurance (ESI) Act. It is crucial to inform the ESIC immediately in such cases. (1 Acknowledge point)
0
0
Whenever any accident occurs, you have to inform the local ESIC Office within 48 hours. You need to submit the Accident Report in the prescribed Form-12, which will contain all the information such as when the accident happened, where it happened, how it happened, nature of injury, etc. Form-12 is attached for your reference.
From India, New Delhi
Acknowledge(2)Amend(0)
0
0
From India, New Delhi
Acknowledge(2)Amend(0)CiteHR.AI
(Fact Checked)-The user reply contains accurate information regarding the requirement to intimate the local ESIC Office within 48 hours of an accident and submitting Form-12. Well done! (1 Acknowledge point)
0
0
Dear Sirs,
Instead of making the employee non-entitled for disablement benefit, in my opinion, it would be better to submit the Declaration Form as well as the Accident Report to the appropriate Branch Office of ESIC and to the ESI dispensary even at this stage. Though it may be late, at least the employee can claim his benefits if his case is admitted as that of an employment injury.
From India, Noida
Acknowledge(1)Amend(0)
0
0
Instead of making the employee non-entitled for disablement benefit, in my opinion, it would be better to submit the Declaration Form as well as the Accident Report to the appropriate Branch Office of ESIC and to the ESI dispensary even at this stage. Though it may be late, at least the employee can claim his benefits if his case is admitted as that of an employment injury.
From India, Noida
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-The user reply contains accurate information regarding submitting the Declaration Form and Accident Report to the appropriate ESIC office for the employee to claim benefits even if the ESIC number was not provided promptly. (1 Acknowledge point)
0
0
Will ESIC entertain backdated injury claim for that period when the employee was not registered as IP ?
From India, New Delhi
Acknowledge(1)Amend(0)
0
0
From India, New Delhi
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-ESIC allows backdated claims for accidents during the waiting period before registration. Reference: ESI Act 1948, Section 51, Supreme Court Judgement in Regional Director, ESIC vs. High Land Coffee Works. (1 Acknowledge point)
0
0
Dear Sirs,
In the comments, the member has not mentioned the extent of delay in obtaining the ESI Number of a new employee. However, Regulation 14 of ESI (General) Regulations, 1950 allows a period of 10 (ten) days for an employer to submit the Declaration Form in respect of a new employee. I think at this stage, there is no harm if the declaration form, as well as the accident report, is submitted to the ESIC Branch Office with an explanation of the delay. The Office of ESIC can warn or issue a notice to the employer for the late submission of the declaration form/accident report. In my opinion, the Branch Office has to consider the claim of the injured employee if the medical certificates are obtained from any ESI institutions. In case the accident is serious, further medical leaves or medical facilities can be obtained from ESI institutions after obtaining the ESI Number for such a new employee.
I also suggest that the concerned HR person/individual attending to ESI work with the employer may discuss the matter with the Branch Office Manager of ESIC.
In my opinion, the injured insured person should not be made to suffer due to non-compliance with any procedure at the employer's level.
Thank you.
From India, Noida
Acknowledge(1)Amend(0)
0
0
In the comments, the member has not mentioned the extent of delay in obtaining the ESI Number of a new employee. However, Regulation 14 of ESI (General) Regulations, 1950 allows a period of 10 (ten) days for an employer to submit the Declaration Form in respect of a new employee. I think at this stage, there is no harm if the declaration form, as well as the accident report, is submitted to the ESIC Branch Office with an explanation of the delay. The Office of ESIC can warn or issue a notice to the employer for the late submission of the declaration form/accident report. In my opinion, the Branch Office has to consider the claim of the injured employee if the medical certificates are obtained from any ESI institutions. In case the accident is serious, further medical leaves or medical facilities can be obtained from ESI institutions after obtaining the ESI Number for such a new employee.
I also suggest that the concerned HR person/individual attending to ESI work with the employer may discuss the matter with the Branch Office Manager of ESIC.
In my opinion, the injured insured person should not be made to suffer due to non-compliance with any procedure at the employer's level.
Thank you.
From India, Noida
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-The user reply contains accurate information regarding the timeline for submitting the Declaration Form for a new employee under the ESI Regulations. Additionally, the suggestion to communicate with the ESIC Branch Office Manager is a good practice. (1 Acknowledge point)
0
0
Dear Harsh,
Your description is appreciable. However, until employees are registered as an IP, neither the dispensary nor the ESIC Hospital will entertain that employee. When it comes to the process of obtaining medical benefits, after showing the ESIC card/TIC, employees can get medicines from the dispensary. If a disease or injury is not curable at the dispensary, they will refer the employee to a hospital acknowledged by the Local Office.
I hope you understand the concern that ESI registration is mandatory for sickness benefits, cash benefits, etc.
From India, New Delhi
Acknowledge(1)Amend(0)
0
0
Your description is appreciable. However, until employees are registered as an IP, neither the dispensary nor the ESIC Hospital will entertain that employee. When it comes to the process of obtaining medical benefits, after showing the ESIC card/TIC, employees can get medicines from the dispensary. If a disease or injury is not curable at the dispensary, they will refer the employee to a hospital acknowledged by the Local Office.
I hope you understand the concern that ESI registration is mandatory for sickness benefits, cash benefits, etc.
From India, New Delhi
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-The information provided in the user reply is accurate. It correctly highlights the importance of ESI registration for accessing benefits. Well done! (1 Acknowledge point)
0
0
Dear Pradeepjee,
I understand your concern regarding providing benefits to the employee to whom the employer could not complete formalities of registration with ESIC. In this connection, I may inform you that ESIC has prescribed a form namely ESIC-86 (Certificate of Employment), which is to be issued by the employer to insured persons in cases where an Identity Card or Temporary IC has not been issued to the Insured Person. This form, if issued by the employer, is valid only for a short period.
The blank form No. ESIC-86 can be obtained from the appropriate Branch Office of ESIC.
On the basis of the said form, the IP will be entitled to medical benefits. However, in place of columns of Insurance Number, the concerned ESI dispensary will indicate as "Applied For" or as per their procedure.
I hope you will not feel discouraged regarding the procedure under the ESI Act. As a responsible employer or his HR/concerned official dealing with social security benefits for employees, I trust you will follow the procedure properly and in time so that the insured persons may not suffer. You will agree with me that in very serious accident cases, the liability of the employer is very heavy under the Employees' Compensation Act, as well as other consequences due to non-compliance with any Act/Rules/Regulations.
From India, Noida
Acknowledge(1)Amend(0)
0
0
I understand your concern regarding providing benefits to the employee to whom the employer could not complete formalities of registration with ESIC. In this connection, I may inform you that ESIC has prescribed a form namely ESIC-86 (Certificate of Employment), which is to be issued by the employer to insured persons in cases where an Identity Card or Temporary IC has not been issued to the Insured Person. This form, if issued by the employer, is valid only for a short period.
The blank form No. ESIC-86 can be obtained from the appropriate Branch Office of ESIC.
On the basis of the said form, the IP will be entitled to medical benefits. However, in place of columns of Insurance Number, the concerned ESI dispensary will indicate as "Applied For" or as per their procedure.
I hope you will not feel discouraged regarding the procedure under the ESI Act. As a responsible employer or his HR/concerned official dealing with social security benefits for employees, I trust you will follow the procedure properly and in time so that the insured persons may not suffer. You will agree with me that in very serious accident cases, the liability of the employer is very heavy under the Employees' Compensation Act, as well as other consequences due to non-compliance with any Act/Rules/Regulations.
From India, Noida
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-The information provided in the user reply is correct regarding the issuance of Form ESIC-86 for cases where ESIC formalities are pending. It highlights the importance of following procedures to ensure employee benefits are not affected. (1 Acknowledge point)
0
0
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. As per the Employees' State Insurance Act, 1948, the employer must register eligible employees for ESIC within 10 days of joining. There is no specific 48-hour requirement.