Compensation for an Employment Injury

One of the employees of an organization met with an accident while he was on duty.
Two of his fingers were amputated due to the crush injury.
He is a member of Employees State Insurance Corporation (He availed medical leave from ESIC and will become eligible for the benefit for his loss of permanent partial disablement)

Now the issue is ' whether the employer is liable for any compenation under any enactments? '

Dear friend

The liability of employer over the time he made the contribution towards the ESI fund, now it is the ESI Authority who has to act upon, the duty of employer is to make proper documentation and guide the employee.

Regards

dear
in this case benifits will be provided by ESI and employer is not bound to pay any compensation in this regard.if he would have not the member of ESI than only workmen
compensation act comes in picture.now as it is he is member of ESI all benifits will be borned by ESI.tks
j s malik

If organisation is providing medical facilities and it has exemption under ESI Act then for any compensation for employment injury, the rules of ur company or compensation under WCA will be admissible, whichever is more beneficial for the employee.

Once the ESI is covered for an employee, then all his employment injuries are taken care well of by the ESIC as per the provisions. The employer should facilitate the processes and advice the employee appropriately to receive all the benefits under the act.

However on humanitarian grounds, in addition to all benefits under ESI, the employer can consider giving some compensation to the employee.

Regards,

arlkrishna

Dear Mr/Sridharan Iyengar,
1. Have you submitted the Accident Report in Form No. 12 to the concerned Branch office of ESIC immediately after the accident during duty?
2. If the employee was an Insured Person on the date of the accident, by way of contributing to ESI, following are his entitlements:
i. Temporary Disablement Benefit at 75% of the avg. Wages for the period certified the ESI Medical Officer.
ii. In case two of his fingers have been amputated, he will be referred to the Medical Board by the ESIC authorities for assessing the quantum of loss of earning capacity. On the basis of the Certificate, ESIC will pay Permanent Disablement Benefit on the monthly basis. There is an option for commutation also.
iii. In fact, after the death of the employee, this PDB, will be converted into Dependents Benefit payable to his Dependents.
I myself am a former Asst. Director of ESIC and therefore will be able to provide any kind of assistance that may be required.
A.Irudayam, M.A., M.B.A., LL.B.
Advocate and HR Consultant
+919940686632

Added:
Incase you have submitted Accident Report in Form 12 within 3 days from the date of Accident to ESIC authorities, you are not liable under any other Act including Workman compensation Act or any other Civil Law.

In case, you have not complied with the above provisions of ESI Act, pl. inform me the details.
A.Irudayam