What Is E.S.I. Scheme ?
What Is E.S.I. Scheme ?
What Is E.S.I. Scheme ?
ESIC is the trustee of the interests of the insured persons. It discharges its
obligations and duties through a net-work of Regional Offices and Local Offices,
Hospitals and Dispensaries spread over the entire country.
* The Employees’ State Insurance Funds are primarily built out of employers
contribution and employees contribution payable monthly as a fixed percentage of
wages.
If you lose your Identity Card before it has run its normal life, a duplicate card is
issued on payment as prescribed.
An employee covered under the scheme has to contribute 1.75% of the wages
whereas, an employer contributes 4.75% of the wages payable to an employee. The
total contribution in respect of an employee thus works out to 6.50% of the wages
payable.
* Employees earning less than Rs 40/- a day are exempted from payment of
contribution. The employers share of contribution is, however, payable.
* Workers, covered under the ESI Act, are required to pay contribution towards the
scheme on a monthly basis. A contribution period means a six-month time span from
1st April to 30th September and 1st October to 31st March. Thus, in a financial year
there are two contribution periods of six months duration.
Cash benefits under the scheme are generally linked with contributions paid. The
benefit period starts three months after the closure of a contribution period. The two
types of periods are illucidated below:–
* The daily rate of Sickness Benefit during any benefit period is the “standard benefit
rate” this rate corresponds to the average daily wage of an insured person during the
corresponding contribution period and is roughly half of the daily wage rate. Benefit is
paid for Sundays also. 28 wage groups have been evolved for working out the daily rate
of Standard Sickness Benefit. Standard Benefit rates for 28 wage groups are shown in
Annexure ‘A’.
* Extended Sickness Benefit is a Cash Benefit paid for prolonged illness due to any
of the 34 specified diseases as mentioned below.
Diseases
1. Tuberculosis
2. Leprosy
3. Chronic Empyema
4. Bronchiectasis
5. Interstitial Lung disease
6. AIDS
7. Malignant Diseases
8. Diabetes Mellitus-with proliferative retinopathy/diabetic foot/ nephropathy.
9. Monoplegia
10. Hemiplegia
11. Paraplegia
12. Hemiparesis
13. Intracranial space occupying lesion
14. Spinal Cord Compression
15. Parkinson’s disease
16. Myasthenia Gravis/Neuromuscular Dystrophies
17. Immature Cataract with vision 6/60 or less
18. Detachment of Retina
19. Glaucoma
20. Coronary Artery Diseases
21. Congestive Heart Failure-Left, Right
22. Cardiac valvular Diseases with failure/complications
23. Cardiomyopathies
24. Heat disease with surgical intervention alongwith complications
25. Chronic Obstructive Long diseases (COPD) with congestive heart failure (Cor
Pulmonale)
26. Cirrhosis of liver with ascitis/chronic active hepatitis (“CAH”)
27. Dislocation of vertebra/prolapse of intervertebral disc
28. Non union or delayed union of fracture
29. Post Traumatic surgical amputation of lower extremity
30. Compound fracture with chronic osteomyelitis
31. (a)Schizophrenia
(b) Endogenous depression
(c)Maniac Depressive Psychosis (MDP)
(d) Dementia
32. More than 20% Burns with infection/complication
33. Chronic Renal Failure
34. Reynaud’s disease/Burger’s disease.
* The daily rate of Extended Sickness Benefit is 40% more than the Standard
Sickness Benefit rate admissible.
* After exhausting Sickness Benefit payable for 91 days the ESB is payable upto a
further period of 124/309 days that can be extended upto 2 years in special
circumstances. Thus, together with the Sickness Benefit for 91 days, it puts a claimant
on benefit for an aggregate period 400 days for all specified diseases and 2 years in
chronic suitable cases on recommendation of competent authority.
* Enhanced Sickness Benefit is cash benefit for the insured persons undergoing
sterlisation operation of vasectomy/tubectomy for family planning.
* The contributory conditions are the same as for claiming sickness benefit.
•The daily rate of this benefit is double the standard benefit rate. Say, not less than
the daily wage.
22c.How Long is the benefit available?
* The benefit is available upto 7 days for vasectomy and upto 14 days for tubectomy
operations. This period can however be extended in cases of post operative
complications or sickness arising out of these sterlisation operations. Its duration is not
counted towards the total number of 91 days for which the sickness benefit is available
during any two consecutive benefit periods.
The Claim Form should bear signatures/thumb impression of the claimant and should
be submitted to the Local Office personally, by post, through a messenger or by deposit
in certificate boxes, wherever provided. All claims should preferably to submitted to the
Local Office within three days. The Receptionist at the Local Office renders all
assistance in filling in the claim on your behalf.
The law relating to Employment injury has been liberalized. Now, an accident
arising in the course of employment is presumed also to have arisen out of his
employment if there is no evidence to the contrary. Further, an accident brought about
by willful disobedience, negligence or breach of regulations etc. or an accident
happening while traveling in a transport provided by the employer or while meeting an
emergency is accepted subject to certain conditions, to have arisen in the course of and
out of employment. Injuries suffered while under the influence of drinks and drugs take
away the right of the employee to this benefit.
* Occupational Diseases are such diseases as are susceptible of being traced back to
their occupational origin. These are specified under Schedule III of the Employees’
State Insurance Act, which enumerates the compensable Occupational Diseases and the
corresponding industrial processes involving exposure to the diseases are thus
recognized without any further evidence.
* The daily benefit rate for permanent total disablement and temporary disablement is
40% more than the Standard Sickness Benefit rate and is roughly equivalent to about
70% of the wage rate. For permanent partial disablement, the rate of benefit is
proportionate to the percentage of loss of earning capacity. The benefit is paid for
Sundays also.
Where the assessment of loss of earning capacity by the Medical Board is not of a
final character, the beneficiary is required to appear again before the Medical Board for
a review of the assessment.
* Yes. If the Medial Board or the Medical Appeal Tribunal is satisfied by fresh
evidence that a decision was given because of non-disclosure or mis-representation of a
material fact, it can review its earlier decision at any time. A Medical Board can also
review its earlier assessment of extent of disablement, if it is satisfied that there has
been substantial and unforeseen aggravation of the results of the relevant injury and
substantial injustice would be done by not reviewing it. Such review, however, cannot
be made earlier than 5 years or in the case of the provisional assessment, earlier than 6
months of the date of assessment to be reviewed.
* Yes. At the option of the beneficiary, permanent disablement pension, where the
daily rate payable is not significant, can be commuted for a lump sum payment subject
to the fulfillment of the following two conditions :–
(i) That the permanent disablement has been assessed as final, and
(ii)The daily rate of permanent disablement does not exceed Rs 5/- and the total
commuted value does not exceed Rs 30,000/- (effective from April–03).
* Yes. Insured Persons who suffer physical disablement due to employment injury
are provided artificial appliances or other physical aids such as wheel chairs, crutches,
dentures and spectacles etc.
* The Corporation at its cost arranges for the vocational rehabilitation of disabled
insured persons provided the disability has been assessed at above 40 percent and the
beneficiary is not over 45 years of age. The training is provided at vacational
rehabilitation centres run by the Govt. of India etc. The fee, travelling expenses etc are
borne by the Corporation.
37. Who are the Beneficiaries and how long is the Benefit available?
In the absence of any widow or legitimate child, the benefit is payable to a parent or
grandparent for life, to any other male dependant until age 18 or to an unmarried or
widowed female dependant until age 18.
* The total divisible benefit is equivalent to the temporary disablement benefit rate
(roughly 70% of the wage rate). The widow/widows share 3/5th of the benefit and the
legitimate or adopted son and daughter 2/5th each of the benefit. If the total benefit so
divided exceeds the full rate, there is a proportionate reduction in the respective shares
of the beneficiaries.
After the claim to Dependant’s Benefit has been admitted, the beneficiary should
submit at six-monthly intervals (with the claim for June and December), a declaration
that he/she is alive and has not married/remarried, attained the prescribed age/continues
to be infirm, as the case may be duly attested by the prescribed authority.
* Yes. Dependant’s Benefit once awarded can be reviewed by the Corporation at any
time if it is satisfied on fresh evidence that the earlier decision was due to non-
disclosure or misrepresentation of material facts. It can also be reviewed on birth, death,
marriage, re-marriage and attainment of age 18, by a claimant. The benefit can be
continued, increased, reduced or discontinued.
* The daily benefit rate is double the Sickness Benefit rate and is thus roughly
equivalent to the full wages. Benefit is paid for Sundays also.
In all the cases, the benefit is paid only if the insured woman does not work for
remuneration during the period for which benefit is claimed. There is no waiting period.
For claiming Benefit in the event of death of an insured woman leaving behind a
child, her nominee and if there is no such nominee, her legal representative should
submit personally or by post to the Local Office of the deceased insured woman, a
claim for the Benefit together with a certificate of death of the insured woman.
* Medical Bonus is lump sum payment made to an insured woman or the wife of an
insured person in case she does not avail medical facility from an ESI hospital at the
time of delivery of a child. This bonus of Rs. 250/- has been increased to Rs. 1000/-
from 1st April 2003.
* Medical Benefit means medical care of insured persons and their families,
wherever covered for medical benefit.
* The standard medical care consists of out-door treatment, in-patient treatment, all
necessary drugs and dressings, pathological and radiological specialist consultation and
care, ante-natal and post natal care, emergency treatment etc.
49. Where are ‘out-patient’ services provided?
The Scheme provides at the sole cost of the Corporation, artificial limbs to insured
persons who lose their limbs due to employment injury or in certain circumstances
otherwise also, dentures, spectacles and hearing-aids where the loss of teeth,
impairment of eye-sight or hearing respectively is due to employment injury.
* ESIC has a network of 141 hospitals countrywide. Majority of these hospitals are
administered by the State Govts. In – patient and diagnostic services in basic specialties
are available at these hospitals. State schemes have also tie-up arrangements with a
number of Medical colleges, major state hospitals, as well as, private hospitals for
advanced treatment for malignant diseases and complicated surgical interventions.
* ESI Scheme provides preventive health care services through the network of its
dispensaries and hospitals. These include immunization against some killer diseases,
pulse polio vaccination and family welfare services etc. The scheme also participates in
all major national preventive health service campaigns.
* Insured worker and the members of his family are eligible for medical care from
the very first day of the worker coming under ESI Scheme. The medical care includes
primary medical care, diagnostic services, specialist consultations and indoor medical
care. Whenever the patient is not able to travel by himself/herself, ambulance services
are also provided. The I.P. or his family members are not required to pay for any of the
services.
A worker who is covered under the Scheme for the first time is eligible for medical
care for a period of three months. If he/she continues in insurable employment for three
months or more the medical care is available to him/her till the start of the first benefit
period. If he/she contributes at least for 78 days in a contribution period the eligibility is
there upto the end of the corresponding benefit period.
A worker is also eligible for extended sickness benefit when he/she is suffering
from any one of the long term 34 diseases listed in the Act. This is admissible after the
worker has been under ESI coverage for at least 2 years during which he/she should
have contributed at least for 156 days. When these conditions are satisfied medical
benefit is admissible for a maximum period of 730 days for the I.P. and his/her family.
* This component consists of a lump sum payment towards the expenditure on the
funeral of the deceased insured person.
* The lump sum amount of this benefit is equal to the actual expenditure, not
exceeding Rs. 2500/- towards the funeral of the deceased insured person.
* No contribution condition is required for this Benefit. The only condition for
admissibility of this Benefit is that the deceased person should have been an insured
person at the time of his death. The Funeral expenses are thus payable in respect of an
insured person in receipt of Permanent Disablement Benefit even if he may not be
employed at the time of his death in a factory or establishment covered under the ESI
Act.
56. To whom are the Funeral expenses payable?
* The expenses are payable to the eldest surviving member of the family of the
deceased insured person. If the insured person did not have a family or if he was not
living with his family at the time of his death, the benefit is payable to the person who
actually incurs the expenditure on the funeral of the deceased insured person.
* To claim the expenses, the claimant should submit his/her claim personally or by
post to the Local Office of the deceased insured person within three months, together
with the following documents:–
(a)Death certificate as proof of death of the insured person issued by the Insurance
Medical Officer/Insurance Medical Practitioner or such other Medical Officer of
a hospital or other institution who attended the insured person at the time of
death or examined the body after the death; (Death certificate issued by
cremation/burial ground or by Municipal authorities or certified copy of village
etc. death records may also be accepted as evidence of death);
A person who works and receives wages on any day is not entitled to sickness
benefit or maternity benefit or temporary disablement benefit in respect of that day.
Cash benefits payable under the Employees’ State Insurance Act are not liable to
attachment or sale in execution of any court decree or order. Also, the right to
receive any benefit is not transferable or assignable.
At the option of the beneficiary, cash benefits under the Employees’ State Insurance
Act are remitted by Money Orders at the cost of the Corporation, irrespective of the
amount involved.
Adjudication Machinery:
To make the right of claimants effective, every claimant has a right of raising a
dispute in the Employees’ Insurance Court. It consists of a judicial officer
appointed by the State Government. The jurisdiction of a Civil Court is barred in all
such cases.
Any false statement or false representation made or caused to be made for the
purpose of obtaining benefit wrongfully etc. constitutes an offence under the
Employees’ State Insurance Act, punishable with imprisonment upto three months
or with fine upto five hundred rupees or both.
Treatment at outstation
In case an insured worker leaves his station on duty or otherwise he/she is eligible
for treatment at any ESI medical unit, subject to production of identity card and a
certificate from Employer in Form 105.
FOR BETTER AND QUICKER SERVICES
Please Remember
Identity Card is your visa to social security; protect it from loss or damage.
In case of loss of Identity Card, report the matter to your Local Office/Dispensary.
Apply for examination by Medical Board immediately after your TDB terminates.
Follow referral procedures for treatment except in emergencies, when time factor is
critical.
Be courteous with ESI staff and expect courtesy and compassion from them always.