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ESIC – Employers’ duty Accident or Death due to employment injury @ workplace or during the course of employment

Posted by: on 10 January 2019 in Amendments, Compliance, HR, Payroll

This post is part of the Coffee Break Guide to Compliance by Anandan Subramaniam. Please subscribe to the blog updates if you’d like to be notified of these posts. Please comment below with your doubts and queries.

The Coffee Break Guide to Compliance – Vol. 26 {ESIC – Employers’ duty Accident or Death due to employment injury @ workplace or during the course of employment}

ESIC takes care of hospitalization in case of an accident at the workplace or during the course of employment and also provides dependents’ benefit in case of death due to such employment injury.

What is Workplace?: Factory – any premises precincts wherein 10 or more persons are employed and otherwise as applicable under the ESIC scheme (or) class of establishments as notified by the appropriate authority.

The course of employment: An accident which may occur while commuting between the place of residence and workplace is also treated as notional extension of employment, and as a result, and the injury sustained from such an accident is construed as employment injury, if, the nexus between the time, place and circumstances and employment is established, for purpose of disablement or death benefit.

The process of reporting accidents/death

Events Reporting in Reporting to Reporting time
Accident (Employment injury)
Accident (Occupational disease)
Form 12 (online) • Branch Office
• Insurance Medical Officer Through special messenger
• Immediate : Serious injury, likely to cause death, permanent disablement
• Within 24 hours : any other case
Death due to Employment injury Form 12 (online) • Branch Office
• Nearest Dispensary /hospital/ clinic
IMMEDIATE Place of employment : Employer Course of employment : Dependent / Employer / any other person
Disposal of body of insured person dying by employment injury 1. Shall not be disposed until the body has been examined by an Insurance Medical Officer for arranging Post-Mortem.
2. If Insurance Medical Officer unable to arrive within 12 hours of such death, the body may be disposed-off after obtaining a certificate from Medical Officer, available

List of documents to be submitted in Claiming of Sickness / Temporary or Permanent disablement / Dependent benefits from ESIC

1. Accident (Employment injury)

  • ESIC IP number / TIC card – attested by employer
  • Copy of Form 12 – Accident Register signed by the Authorised Signatory
  • In and Out register for IP (attendance)
  • Wage register stating IP’s wages
  • The discharge summary from Hospital
  • Original hospital bills
  • Investigations did copies
  • Original Medicine bills
  • Details of the shift in which IP is performing a duty
  • Wage verification certificate

2. Death due to employment injury @ workplace

In addition to the above,

  • Letter from – First information receiver/s (2 persons)
  • At the time for accident whether IP was in uniform, give uniform received details. Copy of Uniform Register
  • Death Summary from Hospital
  • Post Mortem Certificate
  • Police Inquest Report
  • Death Report issued by the Police
  • Death Certificate
  • Burial Ground Certificate
  • Legal Heir Certificate
  • Dependent/s – Passport size photo (2 nos)
  • Dependent/s – Bank passbook copy

3. Death due to employment injury, during the course of employment

In addition to both the above,

  • Description – what was the IP’s daily mode of transportation to work?
  • The distance between accident spot to his house and accident spot to his workplace
  • Route map
  • If the IP was driving or pillion rider of two-wheeler, was he/she wearing a helmet at the time of the accident
  • If the IP was driving, copy of driving license
  • Driving License copy
  • Vehicle’s registration certificate
  • Vehicle’s Insurance coverage certificate
  • FIR / Panchanama

If the IP is a contractual employee:

In addition to the above documents following are to be attached for each event,
1. Agreement copy with Principal employer
2. CLRA license copy, if available
3. Posting Order
4. ESI code number of Client

Even if the Insured Person meets with an employment injury on the very first day of his/her joining the insurable employment at workplace/during the course of employment, the benefit is admissible.


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