Shweta (Lawyer) 29 April 2009

Policy under Workmens Compensation Act

I want to know whether if a Company is covered under the Employees State Insurance Act, then is the Company exempted from taking an Insurance Policy under the Workmens Compensation Act. If so can i know under whic Sec. of Workmens Compesation ACt are we exempted from. Also want to know if the Insuarnce has to be taken from LIC or can the Company can take policy from any other Insuarance Company.

Regards

Adv. Shweta Prabhu

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2 Replies

Rajpal Sharma (Law Officer) 30 April 2009

Dear Shweta

If an employee covered under ESI Act, then, the company need not to obtain saperate policy under any other statute including WC Act. Section 53 of ESI Act will solve your issue.

section 53:- An injured person or his dependents shall not be entitled to receive or recover, whether from the employer of the injured 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 injured person as an employee under this Act.

Hope this information meet your requirement.