DISABLEMENT-BENEFITS

DISABLEMENT-BENEFITS (Section 51 of the ESI Act)

Temporary Disablement benefit is paid in cash till the incapacity due to employment injury lasts at the rate of 70% of the wages. In case of permanent physical disablement due to employment injury or occupational disease, disablement benefit is paid for life at a rate proportionate to loss of earning capacity as determined by the medical board.   TEMPORARY DISABLEMENT BENIFITS   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.   CERTIFICATES REQUIRED FOR  TDB : CONTRIBUTORY-CONDITIONS   Accident Report in form 16, Form 8,9,10, 11 and ESIC Med.13.   ELIGIBILITY FOR  TDB :   The benefit is not subject to any contributory conditions. An IP is eligible from the day he joins the insurable employment. TDB Rate is 40% over and above the normal sickness benefit rate. This works out to nearly 85% of the average daily wages. 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.