Applicabilty Of Esi Act/wca - Pdf Download

Dear Sid,
As far as I know, the ESI is applicable to an establishment falling within it's jurisdiction and not location of work. So, in this case the employee is entitled to ESI Benefits. Kindly see Form 105, check if that is applicable.
Regards,
SC

Hi Siddesh
Regarding your query first i want to know at the time of the accident the company was deducting Esi from deceased and how long he was working in Hubli.
Regards,
Shanmugam

Hi dear,
U check my prevoius statement.......
His contribution was being paid. Ok. He was fulfilling all criteria of getting benefits. My question is at the time of accident he was on duty but not under ESI coverage. thats all. i need reply pls......
Regards
sidhu

Dear Sidhu,
It is clear that when he is on duty at the time of accident whether he is covered under the ESI Act, or not his dependants can claim benefit under the WCA. Anyway Under ESI the dependands claim only funeral benefit that is it.
M.Shanmugam

Dear Sid,
If your are paying contribution the employee is covered.
ESI coverage, I repeat, is applicable to an establishment and not place of work.
The employee is entitled to Death as well as Funeral Benefits under ESI.
Please again try to understand [/b]THE AREA OF COVERAGE IS APPLICABLE TO THE ESTABLISHMENT WHO HAS EMPLOYED A PERSON AND NOT, I REPEAT NOT ON WHICH AREA YOU ARE PUTTING HIM TO WORK"
The last but not the least the only problem is that to get treatment the person must usually visit a place in the State where he is registred. THIS IS NOT APPLICABLE FOR BENEFITS.
Regards,
SC

Dear friends,
i have gone through the mail conversation on the topic.
if a person uis covered under esi act and he is sent by his employer at any place for work and he meet with an accident, his dependants will get all benefits accruing under esi act.the acid test for getting benefit is whether the injury took place arising out of and in the course of employment. in this casethe answer is affirmative. it makes no difference if the person was deployed at a place where esi was not applicable. in this case person will not get benefit under w.c. act because there is a bar in esi act. i hope ur querry is clear.
feel free to ask any other question.
regds
anil kaushik
chies editor BUSINESS MANAGER
09829133699

Dear sidh,
Sec. 61 of ESI Act puts abar on getting benefits from other enactments while covered under ESI Act.
regds
anil kaushik

Dear Anil,
I m not asking this. I m asking that place of accident has role in ESI or not? If no, pls ref the any case or section.
Regards
Sidheshwar

Dear sidh,
kindly refer to Sec.51-A,51-B,51-C and 51-D of ESI Act.ur doubts will be cleared. place of accident has no role to play in deciding the sligibility of the benefits till the moment the injury has arisen out of and in the course of employment.
regds
anil kaushik

Dear Sid,
Please dont take it otherwise, but I feel you are expecting that this is a free Consultancy Site. It is not. It is a forum, where we share our ideas and expertise. I dont know but most people here look for freebies which they can download/ copy paste/ incorporate in their work without giving enough labour. Our members have been extremely helpful and open. I feel both anil and me have given you enough material and all you have to do, if you are not convinced is visit the ESIC office and meet the Inspector and clarify, and if that is looks like a hell lot of work to you. Then pick up the phone and call your Local ESI office.
Please dont develop the habit of getting spoon fed. It does not look good and never pays.
Sorry, if I am harsh,
Regards,
SC