We are a software development company. One of our field support employee met with a road accident while driving bike he collied with a bus head on and died on spot. He was around 80 kms away from the duty place in another district and was traveling towards place of duty in the morning. I would like to know the following:
1. As a company which all Govt authorities/Principal employer we need to inform?
2. Employee joined 4 months back, was on probation and was covered under ESI. His contribution was paid by the company. Form-12 is submitted to ESI within 48 hrs.
3. Company's any obligations under acts like Workmen Compensation Act etc?
3. Any other formalities to be done by the company i.e. entries in accident register etc.
an immediate response from experts and seniors will help us a lot.....
Vivek Shrivastava
From India, New Delhi
11. As a company which all Govt authorities/Principal employer we need to inform?
2. Employee joined 4 months back, was on probation and was covered under ESI. His contribution was paid by the company. Form-12 is submitted to ESI within 48 hrs.
3. Company's any obligations under acts like Workmen Compensation Act etc?
3. Any other formalities to be done by the company i.e. entries in accident register etc.
an immediate response from experts and seniors will help us a lot.....
Vivek Shrivastava
From India, New Delhi
Sir,
In Form -12 Accident Report itself there is reference to submission of Accident Report to Inspector of Factories as well as it is also presumed that there is FIR in the case also.
Apart from making entries in the Accident Register as prescribed under ESI Act, 1948, you can pursue the case with the appropriate Branch Office of ESIC for acceptance of the case as that of employment injury (on the basis of Form - 12 your establishment submitted) so that in case the case is admitted as that of employment injury, the dependants of the employee may be in a position to claim benefits as admissible under said Act.
Please also see whether your establishment is also covered under EPF. If so, there may also be some procedure for pension.
From India, Noida
In Form -12 Accident Report itself there is reference to submission of Accident Report to Inspector of Factories as well as it is also presumed that there is FIR in the case also.
Apart from making entries in the Accident Register as prescribed under ESI Act, 1948, you can pursue the case with the appropriate Branch Office of ESIC for acceptance of the case as that of employment injury (on the basis of Form - 12 your establishment submitted) so that in case the case is admitted as that of employment injury, the dependants of the employee may be in a position to claim benefits as admissible under said Act.
Please also see whether your establishment is also covered under EPF. If so, there may also be some procedure for pension.
From India, Noida
Dear Harsh,
thanks for the prompt input....in latest form-12 (downloaded from ESI website and also seen in online form in portal ) I could not find reference to the report submission to Inspector of Factories. The staff in reference was field staff supporting client department officials in field in handling software on mobile devices.
Pl advice in light of the above.
Regards
Vivek
From India, New Delhi
thanks for the prompt input....in latest form-12 (downloaded from ESI website and also seen in online form in portal ) I could not find reference to the report submission to Inspector of Factories. The staff in reference was field staff supporting client department officials in field in handling software on mobile devices.
Pl advice in light of the above.
Regards
Vivek
From India, New Delhi
Dear Vivekji,
You are right to point out that the issues which I have pointed out are not available in the form No.-12 as available on the website of ESIC. In fact the said form has been replaced w.e.f. 01/5/2011. It seems that on ESIC website old form has not been replaced. Further, I am not sure about the proforma of accident report which is being used online, since opening of account on website is within the domain of the principal employers.
If you will purchase updated ESI Act with rules/ regulations you will find the new form in Regulations and please see column 7 and 8(E) (reg. report to Inspector of Factories and regarding FIR in the matter) of the same.
However, since you have already submitted accident report, in my opinion, you may pursue the matter with the concerned Branch Office of ESIC.
From India, Noida
You are right to point out that the issues which I have pointed out are not available in the form No.-12 as available on the website of ESIC. In fact the said form has been replaced w.e.f. 01/5/2011. It seems that on ESIC website old form has not been replaced. Further, I am not sure about the proforma of accident report which is being used online, since opening of account on website is within the domain of the principal employers.
If you will purchase updated ESI Act with rules/ regulations you will find the new form in Regulations and please see column 7 and 8(E) (reg. report to Inspector of Factories and regarding FIR in the matter) of the same.
However, since you have already submitted accident report, in my opinion, you may pursue the matter with the concerned Branch Office of ESIC.
From India, Noida
Dear Mr. Vivek,
In addition to Form 12 under ESIC, following formalities are also required to be completed:
1. FIR copy of nearest Police Station
2. Death Certificate of the deceased from concerned Hospital
3. Post Mortem Report
4. Medical Report
5. Age Proof of the deceased
6. Address Proof of the deceased
7. Name of Family Dependent
8. Age Proof of the Nominee
9. Family Photographs
Thanks,
AK Sharma
From India, Pune
In addition to Form 12 under ESIC, following formalities are also required to be completed:
1. FIR copy of nearest Police Station
2. Death Certificate of the deceased from concerned Hospital
3. Post Mortem Report
4. Medical Report
5. Age Proof of the deceased
6. Address Proof of the deceased
7. Name of Family Dependent
8. Age Proof of the Nominee
9. Family Photographs
Thanks,
AK Sharma
From India, Pune
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