Workmen Compensation Act V/s ESIC Act

Hi to All
Can anybody help me into the following matters
1)what is the difference between ESIC Act and Workmens compensation Act?
2) Where an employee is covered under ESIC Act, whether workmen's compensation Act is applicable to him?
3)IF an employee to whom ESIC Act is applicable, dies due to an accident during the course of his employment, will his depedent be entitled to claim under Workmens compensation Act?
4) If not, what are the provisions for such dependent?
Regards
Armaan

Can anybody help me into the following matters

1)what is the difference between ESIC Act and Workmens compensation Act?

A: ESIC is Employees State Insurance Corporation and Workman's Compensation act is an act constituted by the Central Govt in 1923.

2) Where an employee is covered under ESIC Act, whether workmen's compensation Act is applicable to him?

A: NO. There are some places where ESIC is not available. WC Act 1923 is applicable there.

3)IF an employee to whom ESIC Act is applicable, dies due to an accident during the course of his employment, will his depedent be entitled to claim under Workmens compensation Act?

A: NO. They can claim only in ESIC

4) If not, what are the provisions for such dependent?

A: Please understand that it is either ESIC or Workmen's Compensation. Any one of them is binding on the employer. Please check whether your area falls under ESIC>

Secondly, those drawing gross salary upto Rs.10000/- only are covered under ESIC. For others WC Act 1923 implies.

Rgds!

To,
Mr. Andrew Rao ,
Is there any section or clause in Workmen compensation act which defines the applicability and provision for above esic peoples term.

Section 53 of the ESI Act reads as follows:
Bar against receiving or recovery of compensation or damages under any other law
An insured person or his dependants shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen's Compensation Act, 1923 or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.

Regards,

Madhu.T.K

ans1-esic takes cares of ur insurance benefits,dependents benefits,maternity benifits,sickness benefits,extendend sickness benefit,enhanced sickness benefit,dependents benfit,disablement benefit,contribution is paid by employee and the employer fr availing these benefits......whereas in workmen compensation act covers accident arising out and in the course of employment.it also talks about notional extension theory.workmen is the oldest of the act and it also talks about social security.Dis is just a snyposis,there is much more

ans2-no,where esic is applicabe workmens act 1923 is not applicable,bz the benefits given in workmen compensation act are also given in esic,so one can no avail same benefits from 2 laws?even the maternity benefit act is not applicable where esic is applicable.

ans3-no,the dependents have to claim dependents benefit from esic,but the accident must have taken place when he was in employment,dependents benefit is given at the rate of 70% of wages to his wife fr her life or till her remarrige,children till 18 years of age and in certain condtions to parents,dependents are given benefits within a max period of 3 months and after that on regular monthly basis

ans4-i hope i have told u conditions in ans no 3

hope u will satisfied

regards

vikas

Well, i would like to add on .... maternity benefits act is applicale under esic if the contributions made the the female worker is 70 days or more in the 2 immediately preceding benefit periods ! Also medical bonus of Rs. 250 is payable.....
I have one doubt as to if workmens compensation act is applicable, will esic be applicable, the vice versa situation im aware is not applicable

Workmen's Compensation Act (to be renamed as Employees Compensation Act) is a legislation which directs the employer to pay compensation to employee who suffer injury while performing his regular nature of duty whereas by making coverage to the establishment the employer is shifting his obligation under the Workmen's Compensation Act to Employees State Insurance Corporation. In other words, the ESIC takes over the liability of the employer in respect of employees who meet with accidents during the course of employment. It is to be remembered that ESIC will not pay any compensation in respect of an employee who is not covered by ESI Act. Therefore, in respect of employees who are not covered by ESI the employer is still liable following the Workmen's Compensation Act. But in no case, the employee shall receive both benefits, ie, benefits as per Workmen's Compensation Act and benefits from ESI, at a time.
Regards,
Madhu.T.K

As per section 10, a notice for claim should be given within 2 years of the accident. However, the Commissioner has authority to entertain such claims given after 2 years if he is satisfied of the reasons for delay in submitting the claim.
Madhu.T.K

Thanks a lot to all of you for the useful information shared and clarifications! This mean that any employee who is covered under ESI Act, the Company need not take a spearate insurance cover under the WC Act/ Fatal Accidents Act, 1855 or any other law? Please confirm if my understnding is correct

Yes, in respect of ESI covered employees you need not take any insurance to cover the risk of employment injuries. It will be taken care of by the ESIC. The only difference is that under Workmen's Compensation Act the compensation is a lumpsum amount whereas under ESI it will be paid in the form of periodical/ monthly pension to the dependants.
Madhu.T.K