Employees’ State Insurance Act


The Employees’ State Insurance Act contains the Employees’ State Insurance Scheme, an integrated form of social insurance. It aims to offer medical care to insured persons and their families and safeguard employees, as specified by the Employees’ State Insurance Act of 1948, from the effects of sickness, maternity, disablement, and death due to employment damage.

Employer has to file a return of establishment particulars in a particular format with the help of the Form 01 (A), once a year.

Employer of an establishment or a factory must register within 15 days after the act becomes applicable. Moreover, the business firm must also obtain the employer’s code no for usage in all ESIC forms.

Employer can apply for online registration and do various other activities related to ESI scheme.

It is a form that an employee must fill along with two affix postcard size photographs. Employees submit the form to employers and the employer further submits the same to the concerned branch office within 10 days of appointment of the employee. Section 85 specifies penal action against employer for any delay.

In addition to that, employee must also intimate the ESI corporation on any changes in the membership within 15days.

The form must be used to add or delete the details of family members.

The term “family” can be used for any of the following relatives of the insured person:

  • Spouse
  • Dependent persons
  • A minor heir or an adopted child
  • A child who is dependent on the income of the insured person
  • A child who is receiving education till the age of 21 years
  • An unmarried daughter
  • A child who is unfit mentally or physically and is dependent on the income of the insured person.

Employer must send a return of declaration forms in the given format within 10 days of the submission of the declaration forms.

Employers must register their employees as amended by the law from time to time, online.

Form 6 will be generated by ESI corporation based on the information available. The employers can also access the information through the portal and update it online with the latest employment position.

To claim sickness, maternity benefits and benefits of temporary sickness, employees will have to submit Form 9 to the concerned branch office.

Any person who makes a false statement or a misinterpretation to claim fake benefits might be in a legal trouble. 6 months of imprisonment or a penalty of Rs 2000-/ or both.

Every employers should keep an accident book is accessible in the given format where one has to mention the accurate particulars of the accident causing personal injury of the issue person.

Preserve all such books, when it is completed for a span of five years from the last entry date.

Employers shall submit a detailed accident report to the branch office or to the concerned ESI Dispensary immediately in the case of accidents that can result in death or disablement with 24 hours of the occurrence. The minor accidental cases that is manageable without an absence of the work need does not require any reporting.

ESI corporation has also introduced the facility of filing the accidental reports online at ESI Employer portal.

Insured people can apply for the claim of permanent disability benefits.

Any individual who makes a false claim to obtain the benefit, might be punishable with 6 months of imprisonment or a penalty of Rs. 2000 or even both.

The dependents of a deceased insured employees can submit a claim through form 15 to apply for the dependent’s benefit.

The sign of the individual and guardian is one of the significant requirements to apply the form successfully.

The dependents of an insured person can submit a claim through this form adhering to the format to claim for the periodical payment of the dependent’s benefit.

An insured woman can use this form to claim the maternity benefits when she is expecting a child. During this period, women can exercise their right for no work for remuneration rights.

If the insured woman is deceased or if the death occurs after the childbirth, the nominee of the insured woman can submit a claim through Form 20.

The claim must be submitted to the appropriate branch office with a death certificate within 30 days of the death.

A nominee or eldest member of the family of the deceased can submit a claim in Form 22 to receive the expense of the funeral of the insured person.

Insured person claim for permanent disability. However, the certificate can be submitted to anyone amongst the following:

  • A municipal commissioner
  • Revenue, judicial, magisterial department
  • Workmen’s compensation commissioner
  • An MLA or MP
  • The head of Gram Panchayat
  • A member of the regional board or the local committee of the ESIC
  • Any authority


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