Hello everyone.
There is one question on my mind. Can anyone help me understand if an employee got injured during work, or if something went wrong while working? For example, if someone lost a hand or leg, or if any mishap occurred. In such a situation, who would bear the expenses for the worker's treatment or hospital expenses?
Please help me out.
Thanks,
Om Prabh
From India, Delhi
There is one question on my mind. Can anyone help me understand if an employee got injured during work, or if something went wrong while working? For example, if someone lost a hand or leg, or if any mishap occurred. In such a situation, who would bear the expenses for the worker's treatment or hospital expenses?
Please help me out.
Thanks,
Om Prabh
From India, Delhi
The totla medical expenditure on treatment till declared fit, loss of pay and if injury results loss of earning capacity then compensation to be borne by the employer. In absence of ESIC coverage.
From India, Mumbai
From India, Mumbai
Hi
No doubt. The employer is liable.
If the Employee is covered under ESI Act the compensation and medical expenses can be claimed from ESI
If not, then the employer is liable to pay compensation, medical expenses and loss of pay, if any, arising out of the accident under the provisions of the Employees Compensation Act
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata
From India, Kolkata
No doubt. The employer is liable.
If the Employee is covered under ESI Act the compensation and medical expenses can be claimed from ESI
If not, then the employer is liable to pay compensation, medical expenses and loss of pay, if any, arising out of the accident under the provisions of the Employees Compensation Act
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE
Kolkata
From India, Kolkata
Dear Omprabh, ESI Act,Employees Compensation Act will take care of Accidents arising during the course of Work.
From India, New Delhi
From India, New Delhi
Sirs As per the new rule, ESI will not undertake the major treatments of employees less than two years service. In that case what shall be the aftermath?
From India, Ernakulam
From India, Ernakulam
First of all, thanks to everyone.
However, Lakshmanan, the employee, is covered under ESIC, and the hospital treatment expenses are more than the ESIC amount. So, will the company bear all treatment expenses, or will ESIC cover 50% of the expenses for the employee, with the rest covered by the company/employers? I am confused, so please clarify.
Thanks,
Om
From India, Delhi
However, Lakshmanan, the employee, is covered under ESIC, and the hospital treatment expenses are more than the ESIC amount. So, will the company bear all treatment expenses, or will ESIC cover 50% of the expenses for the employee, with the rest covered by the company/employers? I am confused, so please clarify.
Thanks,
Om
From India, Delhi
Dear Om,
If the employee meets the norms of ESIC, with a minimum of 2 years of service, then the complete amount and medication will be taken care of by ESIC. However, it is essential to ensure that the complete treatment is received from an ESIC hospital only. This not only includes free-of-cost treatment but also compensates for the loss of pay at a certain percentage for the employee.
Apart from that, if any amount exceeds the coverage for any reason, it should be borne by the employer.
Thank you.
If the employee meets the norms of ESIC, with a minimum of 2 years of service, then the complete amount and medication will be taken care of by ESIC. However, it is essential to ensure that the complete treatment is received from an ESIC hospital only. This not only includes free-of-cost treatment but also compensates for the loss of pay at a certain percentage for the employee.
Apart from that, if any amount exceeds the coverage for any reason, it should be borne by the employer.
Thank you.
Thanks Manoj got it Means worker treatment or mediciation should be only in esic listed hospital.
From India, Delhi
From India, Delhi
Dear OM
Firstly, the period of minimum of 2 years of service is applicable in normal cases. If the insured person is in ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days and IP is eligible for Sickness Benefit in any one of the contribution period and is suffering from any of the 34 specified long term diseases, the medical benefit is admissible till the incapacity lasts or up to 730 days during a period of 3 years for self and family.
Further, If the insured person is in ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days before the date of diagnosis and IP/IW is eligible for Sickness Benefit in at least two contribution period then he along with his family members will be eligible for getting super specialty treatment
In case of an Accident in respect of IP/IW himself or his/her family member this contributory condition shall not be applicable for SST treatment
Secondly, In the event of serious cases of accident or illness the hospital expenses are reimbursable under the following circumstances:
1. Serious cases of accident or illness admitted directly into recognised hospitals where owing to the clinical condition of the patient, being unconscious or otherwise, it was not possible to reveal his identity as an ESI patient and the hospital authorities recovered hospital expenses directly from the patient or the employer
2. Serious cases of accident/illness where a beneficiaries was admitted directly at a private hospital or in a non-recognised hospital where admission in a hospital recognised under the scheme would have seriously jeopardised his health like sudden heart attacks, fracture of the spine, cerebral haemorrhage, etc.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
From India, Kolkata
Firstly, the period of minimum of 2 years of service is applicable in normal cases. If the insured person is in ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days and IP is eligible for Sickness Benefit in any one of the contribution period and is suffering from any of the 34 specified long term diseases, the medical benefit is admissible till the incapacity lasts or up to 730 days during a period of 3 years for self and family.
Further, If the insured person is in ESI coverage for at least 2 years from the date of Online Registration, contributed for not less than 156 days before the date of diagnosis and IP/IW is eligible for Sickness Benefit in at least two contribution period then he along with his family members will be eligible for getting super specialty treatment
In case of an Accident in respect of IP/IW himself or his/her family member this contributory condition shall not be applicable for SST treatment
Secondly, In the event of serious cases of accident or illness the hospital expenses are reimbursable under the following circumstances:
1. Serious cases of accident or illness admitted directly into recognised hospitals where owing to the clinical condition of the patient, being unconscious or otherwise, it was not possible to reveal his identity as an ESI patient and the hospital authorities recovered hospital expenses directly from the patient or the employer
2. Serious cases of accident/illness where a beneficiaries was admitted directly at a private hospital or in a non-recognised hospital where admission in a hospital recognised under the scheme would have seriously jeopardised his health like sudden heart attacks, fracture of the spine, cerebral haemorrhage, etc.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
From India, Kolkata
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