|
Benefits
to Employees
- Free
medical treatment is offered to insured employees
at hospital and dispensaries run by the E.S.I. Corporation.
- Periodical
payments to the insured employeefor the period of
sickness at specified standard benefit rate.ty benefits
to the covere
- Periodical
payments towoman employee in case of confinement,
or miscarriage or sickness from pregnancy etcleave
for 12 weeks, of which not more than 6 weeks should
be preceding confinement.
- Injury
in the course of employment resulting in temporary/permanent
disablement entitles the covered employee to a regular
payment to substitute his lost wages.
- Death
inthe course of employment entitles specified dependent
of the deceased employee to a cash benefit payable
up tothe day of his death.
- Death
due to injury sustained in the course of employment
or due to an occupational disease entitles the employee’s
dependents to a benefit in the form of pension.
- One
time payment of Rs.1500 to help meet funeral expenses
of the covered employee.
Employers’
Obligations
- To get
his factory or establishment registered with E.S.I.
Corporation and obtain employer’s Code Number.
- To obtain
declaration from the employees covered and submit
same to E.S.I. office and obtain employees’ Insurance
Number and Identity Cards.
- To deposit
employees’ and his own contributions.
- To furnish
Returns of Contributions.
- Not
to reduce the wages of an employee on account of contribution
made by him.
- To maintain
prescribed records/registers.
- To report
to the E.S.I. authorities of any accident, arrange
for first-aid and transportation of employee to the
hospital.
- To inform
E.S.I. office, dispensary/hospital in case of death
of an employee immediately.
- Not
to put to work any sick employee and allow him leave
if he has been issued the prescribed certificate.
- Not
to dismiss or discharge any employee during the period
he/she is in receipt of sickness/maternity/ temporary
disablement benefit, or is under medical treatment
or is absent from work as result of illness duly certified
or due to pregnancy or confinement.
WORKMEN’S COMPENSATION
ACT, 1923
Objectives
It
aims to provide workmen and/or their dependents some
relief in case of accidents arising out of and in the
course of employment and causing either death or disablement
of workmen.
Applicability
The
Act applies to railways and other transport establishments,
factories, establishments engaged in making, altering
repairing, adapting, transport or sale of any article,
mines, docks, establishments engaged in constructions,
fire-brigade, plantations, oilfields and other employments
listed in Schedule II of the Act.
The
Workmen’s Compensation (Amendment) Act, 1995has
extended the scope of the Act to cover workers of newspaper
establishments, drivers, cleaners, etc working in connection
with a motor vehicle, workers employed by Indian companies
abroad, persons engaged in spraying or dusting of insecticides
or pesticides in agricultural operations, mechanized
harvesting and thrashing, horticultural operations and
doing other mechanical jobs.Establishments which are
covered by the Employees State Insurance Act, are outside
the purview of this Act.
Eligibility
Every
employee (including those employed through a contractor
but excluding casual employees), who is engaged for
the purposes of employer’s business and who suffers
an injury in any accident arising out of and in the
course of his employment, shall be entitled for compensation
under the Act.
Dependent
The
following relations of a deceased workman shall be his
dependents:
- a widow,
a minor legitimate or adopted son, an unmarried legitimate
daughter, or a widowed mother,whether or not dependent
on the workman; and
- a son
or a daughter, aged 18 years or more who is infirm
and wholly dependent on the workman at the time of
his death; and
- any
of the following persons wholly or partly dependent
on the workman at the time of his death:-(a) a widower,
(b) a parent other than a widowed mother, (c) a minor
illegitimate son, an unmarried illegitimate daughter
or adaughter legitimate or illegitimate or adopted
if married and a minor or if widowed and a minor,
(d) a minor brother or an unmarried sister or a widowed
sister if a minor, (e) a widowed daughter-in-law,
(f) a minor child of a pre-deceased son, (g) a minor
child of a pre-deceased daughter where no parent of
the child is alive, or (h) a paternal grandparent
if no parent of the workman is alive.
Disablement
Injury
caused to a workman by an accident may result in the
loss of the earning capacity of the workman and this
loss of earning capacity is called ‘disablement’.
Disablement
can by classified as Total orPartial.It can further
be classified into Permanent or Temporary.
Disablement,
whether permanent or temporary is said to be total when
it incapacitates a worker for all work he was capable
of doing at the time of the accident resulting in such
disablement.Total Disablement is considered to be permanent
if a workman, as result of an accident,suffers from
the injury specified in Part I of Schedule I or suffers
from such combination of injuries specified in Part
II of Schedule I as would be the loss of earning capacity
which amountsto one hundred per cent or more.
Disablement
is said to be permanent partial when it reduces for
all times, the earning capacity of a workman in every
employment which he was capable of undertaking at the
time of the accident. Every injury specified in Part
II of Schedule I is deemed to result in permanent partial
disablement.
Where
the disablement is of a temporary nature and reduces
the earning capacity of a workman in the employment
in which he was engaged at the time of the accident,
it is temporary partial disablement.
|
