Temporary Disablement Benefit (TDB) is payable to an employee who suffers employment injury (EI) or occupational disease and is certified to be temporarily incapable to work. "Employment Injury" has been defined under Section 2(8) of the Act, as a personal injury to an employee caused by accident or occupational disease arising out of and in the course of his employment, being in insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India.
a. Certificates required for TDB:
- Accident Report in form 16
- Form 8,9,10, 11
- ESIC Med.13
b. Eligibility for TDB: The benefit is not subject to any contributory conditions. An IP is eligible from the day he joins the insurable employment.
c. TDB rate is 40% over and above the normal sickness benefit rate. This works out to nearly 85% of the average daily wages.
d. Duration of TDB: There is no prescribed limit for the duration of TDB. This is payable as long as temporary disablement lasts and significant improvement by treatment is possible. If a temporary disablement spell lasts for less than 3 days (excluding day of accident), IP will be paid sickness benefit, if otherwise eligible. A special point for IMOs/IMPs is that some IPs may resist taking a Final Certificate especially before 3 days for fear of loss of TDB. TDB is payable to an employee who suffers from employment injury (EI) or an Occupational Disease and is certified to be temporarily incapable to work.
Permanent Disability Benefits (PDB) is payable to an IP who suffers permanent residual disablement as a result of EI (including Occupational Diseases) and results in loss of earning capacity. The proper authority for assessing loss of earning capacity for injuries is the Medical Board and for Occupational
Diseases, Special Medical Board.
a. The duration of PDB may be for the period given by Medical Board, if assessment is provisional or for entire life if assessment is final.
b. PDB Rate: The PDB rate is calculated as percentage of loss of earning capacity as assessed by the Medical Board/MAT/EI Court in relation to TDB. List of injuries deemed to result in permanent total disablement and percentage loss of earning capacity has been previewed in 2nd Schedule to ESIC Act, 1948. Hence, the maximum rate of PDB can be equal to the rate of TDB.
c. PDB amount is revised by the ESIC from time to time to adjust for inflation. The latest enhancement is with effect from 01.08.2002
d. Commutation of PDB (Regulation 76-B): IP whose PDB has been assessed as final and who has been awarded the same at the rate not exceeding Rs.1.50 per day may apply for commutation of periodical payments of PDB into a lump-sum. If an application for commutation is made within 6 months of the date of communication of the Medical Board’s decision, periodical payments shall be commuted into a lump sum provided the total commuted value does not exceed Rs.10,000 at the time of commencement of final award. However, where such an application is made after expiry of 6 months, Local Offices/RO will refer the case to Medical Referee/PTMR to certify whether the IP has an average expectation of life for his age. Such a certificate is issued by Medical Referee in the relevant place on RO/Local Offices letter.
Age of an IP will have to be proved to the satisfaction of the ESIC in all cases. Medical Boards assess the age of IPs who are not able to produce satisfactory proof of age and the opinion of Medical Board shall be final in this regard. |
| Disablement Benefit is payable only to an Insured Person suffering from physical disablement due to employment injury or occupational disease.
Contact
Delhi- Shram Shakti Bhawan, Rafi Marg
New Delhi
Phone -011-23718730
Arunachal Pradesh:Integrated Child Development Scheme
Miss. Dondum Pema (CDPO)
Ph no. 03794-222493 |
