Dear Sir,
I would like to share an incident from my company. One of our contractual employees joined us four months ago. One day, while on his way home, he met with a serious accident and was immediately admitted to a nearby hospital. However, due to his financial constraints, he was unable to be treated at a private hospital. He was unconscious and partially paralyzed. Additionally, he was denied benefits through ESIC as he had not completed the required six months of service.
Could you please advise me if it is true that one must be employed for a minimum of six months to be eligible for ESIC benefits?
Thank you.
From United States, Cedar Knolls
Acknowledge(0)
Amend(0)
1I would like to share an incident from my company. One of our contractual employees joined us four months ago. One day, while on his way home, he met with a serious accident and was immediately admitted to a nearby hospital. However, due to his financial constraints, he was unable to be treated at a private hospital. He was unconscious and partially paralyzed. Additionally, he was denied benefits through ESIC as he had not completed the required six months of service.
Could you please advise me if it is true that one must be employed for a minimum of six months to be eligible for ESIC benefits?
Thank you.
From United States, Cedar Knolls
Acknowledge(0)Amend(0)
Dear Rdas78@Ymail.Com,
The Employees' State Insurance Corporation cannot deny medical benefits, i.e., full medical care, to the employee (referred to as IP). An employee (IP) is entitled to medical benefits from the day they enter insurable employment. However, they may not receive sickness benefits in the form of cash compensation for their absence from duty or disablement benefits.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
The Employees' State Insurance Corporation cannot deny medical benefits, i.e., full medical care, to the employee (referred to as IP). An employee (IP) is entitled to medical benefits from the day they enter insurable employment. However, they may not receive sickness benefits in the form of cash compensation for their absence from duty or disablement benefits.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
1. Sir, ESIC does not reject any case for treatment in its hospitals or dispensaries provided the claimant shows his identity card (Pehchan Card as issued by ESIC appropriate Branch Office) at the time he appears in any such institution to claim treatment or claim benefit from Branch Office, and also that he/she should be entitled to said benefits.
2. As per the provisions of the ESI Act, 1948, and the rules/regulations framed thereunder, the entitlement for Medical Benefit as well as Employment Injury Benefits - i.e., temporary disablement, etc. - starts immediately after the employee is taken on employment, the declaration form is submitted, his insurance number is obtained, and the TIC is handed over to him/her. At present, an online procedure is in place, and ESIC has extended such facility of issuing TIC at the level of employers itself.
3. The employer, in order to make the worker entitled to disablement benefits, should have submitted the Accident Report to the appropriate branch office as well as to the ESIC dispensary immediately after the accident. Now, a period of 4 months has elapsed, as reported by the initiator of this thread.
4. The requirement of a 6-month waiting period for other benefits appears to be incorrect. In the case of new employees in the ESI scheme, the benefit period starts "on the expiry of the period of 9 months from the date of such employment" (Regulation 4 of ESI (Regulations), 1952).
5. Accidents happening while commuting to the place of work and vice versa are covered as employment injury cases (Section 51-E of the said Act). It is the legal right of the employee to get his benefits by virtue of his membership and entitlement to the said scheme, and the issue that the said employee was "financially weak" has no relevance.
From India, Noida
Acknowledge(0)Amend(0)
2. As per the provisions of the ESI Act, 1948, and the rules/regulations framed thereunder, the entitlement for Medical Benefit as well as Employment Injury Benefits - i.e., temporary disablement, etc. - starts immediately after the employee is taken on employment, the declaration form is submitted, his insurance number is obtained, and the TIC is handed over to him/her. At present, an online procedure is in place, and ESIC has extended such facility of issuing TIC at the level of employers itself.
3. The employer, in order to make the worker entitled to disablement benefits, should have submitted the Accident Report to the appropriate branch office as well as to the ESIC dispensary immediately after the accident. Now, a period of 4 months has elapsed, as reported by the initiator of this thread.
4. The requirement of a 6-month waiting period for other benefits appears to be incorrect. In the case of new employees in the ESI scheme, the benefit period starts "on the expiry of the period of 9 months from the date of such employment" (Regulation 4 of ESI (Regulations), 1952).
5. Accidents happening while commuting to the place of work and vice versa are covered as employment injury cases (Section 51-E of the said Act). It is the legal right of the employee to get his benefits by virtue of his membership and entitlement to the said scheme, and the issue that the said employee was "financially weak" has no relevance.
From India, Noida
Acknowledge(0)Amend(0)
He is eligible for treatment benefits, and ESIC cannot reject to admit such cases. He can take up the issues through the court of law if you have all the proof and evidence against the ESIC. Treatment and medical benefits start from day 1 of joining the scheme.
MSKRISHNAN
9944479275
From India, Madras
Acknowledge(0)Amend(0)
MSKRISHNAN
9944479275
From India, Madras
Acknowledge(0)Amend(0)
Hi, I have a query: what happens if someone crosses the limit of eligibility (in terms of salary, say, he is earning more than Rs. 15,000 basic)? Can he still be a member of the ESIC, and if yes, what formalities is he required to complete? For better understanding, the company has stopped deducting his share of ESIC amount for the above reason. Any guidance in this regard will be highly appreciated. Best regards, Ravinder Verma
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Rainier,
It is not only the basic salary that is considered as wages for ESIC. If a person's salary crosses Rs. 15,000 per month during the contribution period, deductions shall continue until the end of the contribution period. After that, he is excluded from ESIC.
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
It is not only the basic salary that is considered as wages for ESIC. If a person's salary crosses Rs. 15,000 per month during the contribution period, deductions shall continue until the end of the contribution period. After that, he is excluded from ESIC.
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Dear all,
Thank you for your suggestions. I would like to draw your attention to an institution where more than 150 children, aged 7 to 22 years, live together and spend their childhood. The institution is Don Bosco Ashalayam, located in Palam, New Delhi. You may find it surprising, but this information is factual, and you can verify it on Google through Don Bosco Ashalayam.
I am sharing this because two boys from Ashalayam have completed their HM education and are now seeking job opportunities in the best hotels to pursue their careers in their respective fields. Their education has been supported by charity, and now is the time we can assist them as a social cause.
I understand this may not be the ideal platform to seek job opportunities, but I wanted to post this on a public site. If you have any job leads or opportunities, please let me know.
Rakesh Das
9873966616
From United States, Cedar Knolls
Acknowledge(0)Amend(0)
Thank you for your suggestions. I would like to draw your attention to an institution where more than 150 children, aged 7 to 22 years, live together and spend their childhood. The institution is Don Bosco Ashalayam, located in Palam, New Delhi. You may find it surprising, but this information is factual, and you can verify it on Google through Don Bosco Ashalayam.
I am sharing this because two boys from Ashalayam have completed their HM education and are now seeking job opportunities in the best hotels to pursue their careers in their respective fields. Their education has been supported by charity, and now is the time we can assist them as a social cause.
I understand this may not be the ideal platform to seek job opportunities, but I wanted to post this on a public site. If you have any job leads or opportunities, please let me know.
Rakesh Das
9873966616
From United States, Cedar Knolls
Acknowledge(0)Amend(0)
He can take only medical benifits i.e. medicines for some extent. Since he has not completed six month he is not eligible for Cash benifit or Sickness benifits. ESI act clearly states the above.
From India, Mangaluru
Acknowledge(0)Amend(0)
From India, Mangaluru
Acknowledge(0)Amend(0)
Madanagopalaswamy,
May I request you to kindly re-look at your above statement and provide a corrected version?
From India, Mumbai
Acknowledge(0)Amend(0)
May I request you to kindly re-look at your above statement and provide a corrected version?
From India, Mumbai
Acknowledge(0)Amend(0)
Dear 
,
I made a mistake here. By virtue of the Amendment of 2010 by inserting a new section 51E in the ESI Act, an accident occurring to an employee while commuting from his residence to the place of employment for duty, or from the place of employment to his residence after performing duty, is to be deemed to have arisen out of and in the course of employment if the nexus between the circumstances, time, and place in which the accident occurred and the employment is established. Therefore, the injured employee is also eligible for sickness benefit in the form of cash compensation for his absence from duty and disablement benefit.
You need to approach the ESI Branch office with the facts of the matter to get the benefits for the injured employee immediately. Our esteemed member Harsh Kumar correctly answered your query, but somehow I missed it.
Dear Harsh Kumar ji,
I made a mistake, but you would have pointed it out in specific words. Anyway, thanks for your correct answer.
From India, Mumbai
Acknowledge(0)Amend(0)
I made a mistake here. By virtue of the Amendment of 2010 by inserting a new section 51E in the ESI Act, an accident occurring to an employee while commuting from his residence to the place of employment for duty, or from the place of employment to his residence after performing duty, is to be deemed to have arisen out of and in the course of employment if the nexus between the circumstances, time, and place in which the accident occurred and the employment is established. Therefore, the injured employee is also eligible for sickness benefit in the form of cash compensation for his absence from duty and disablement benefit.
You need to approach the ESI Branch office with the facts of the matter to get the benefits for the injured employee immediately. Our esteemed member Harsh Kumar correctly answered your query, but somehow I missed it.
Dear Harsh Kumar ji,
I made a mistake, but you would have pointed it out in specific words. Anyway, thanks for your correct answer.
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
ESI contribution rates lowering.pdf