Dear all,

Please advise on below mentioned issue.

One of our employee met with an road accident while coming to the factory, the accident spot is within 100 meters to the factory. He is having more than 05 years of experience with different factories. In our unit he is having only 03 months of exp..( jan 11 to march 2011)

when he went to claim ESIC sick leave at one of the local office, the ESI person instructed him to get contribution details for last one year.
but the problem is we can give for 03 months details and at the same time he needs to get details from his previous employers also. But last one year he didn't worked any where. finally the payment hold by the ESIC.

finally they said to get one accident report saying that " he met with an accident while coming for duty and it is near to the factory premises" from current employer ( i.e.from us).

my question is that Can we give this type of certificate from the factory and is it enough to get payment from ESI ? ( even there was no contribution for last one year )

Regards
Lakshmikanth.M

From India, Bangalore
Dear Sir,
The ESIC authority is very rightly suggested you to submit the Accident report in r/o the injured employee.As per the amended provisions of the Act w.e.f.1/6/2010,if an employee while going to or comming from his work met with an accident,the employer has to submit an accident report in Form-12 to the ESIC and the employee may get the benefit as in case of an injury occurring during working hours within the factory.There is no contributory condition in this type of cases and no eligibility period is there.Please immediately submit the report and help your employee to get his benefit.
With regards

From India, Delhi
Dear Sir,
The ESIC authority has rightly advised you to submit the accident report(not certificate)The same is to be submitted in Form-12.After the amended provisions of the ESI Act w.e.f.1/6/10 commuting accident(accident while going to or returning from duty) is treated as employment.There is no contributory condition or eligibility period.
Submit the accident report as directed by ESIC authority urgently to help the employee.
regards

From India, Delhi
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