Disablement Benefit

 Introduction

Disablement Benefit is one of the most important benefits provided to workers under the Employees' State Insurance Act, 1948 (ESI Act). The ESI Act was enacted to provide comprehensive social security protection to workers in the organized sector against various contingencies such as sickness, maternity, employment injury, and disablement. The Act is administered by the Employees' State Insurance Corporation (ESIC), a statutory body under the Ministry of Labour and Employment, Government of India.

Disablement benefit is specifically designed to provide financial assistance to workers who suffer physical disablement due to employment injury or occupational disease.

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Meaning of Disablement

Under Section 2(15) of the ESI Act, disablement means loss of capacity to work or to move. It can be of two types:

1. Temporary Disablement — A condition resulting from employment injury which renders the insured person temporarily incapable of doing his work and necessitates medical treatment.

2. Permanent Disablement — A condition which renders the insured person permanently incapable of doing any work or which results in permanent reduction of his earning capacity.

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Types of Disablement Benefit

1. Temporary Disablement Benefit (TDB)

Temporary disablement benefit is payable to an insured worker who suffers from temporary disablement as a result of an employment injury. The key features are:

• It is payable from the first day of disablement (there is no qualifying period)
• The benefit is payable at the rate of 90% of wages (daily rate)
• It is payable for the entire period of temporary disablement
• Medical certificates from an authorized medical officer are required
• The benefit continues as long as the disablement lasts

2. Permanent Disablement Benefit (PDB)

Permanent disablement benefit is payable when the disablement is of a permanent nature. It is further divided into:

(a) Permanent Total Disablement Benefit When the worker is permanently and totally unable to work due to employment injury. The benefit is payable at the rate of 90% of wages as a monthly pension for the entire life of the insured person.

(b) Permanent Partial Disablement Benefit When the worker suffers permanent loss of a specific part of the body or permanent reduction in earning capacity. The benefit is calculated as a percentage of the permanent total disablement benefit corresponding to the percentage of loss of earning capacity as assessed by a medical board.

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Legal Provisions

Section 51 of the ESI Act deals with disablement benefit. It states that an insured person who sustains employment injury shall be entitled to disablement benefit.

Section 51-A provides that the question of disablement and the degree of disablement shall be determined by a Medical Board constituted under the Act.

Section 51-B provides for the right of appeal against the decision of the Medical Board to a Medical Appeal Tribunal.

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Conditions for Entitlement

To claim disablement benefit under the ESI Act, the following conditions must be satisfied:

1. The person must be an insured person under the ESI Act
2. The disablement must be the result of an employment injury or occupational disease
3. The injury must have occurred during the course of employment
4. The disablement must be certified by an authorized medical officer

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Assessment of Disablement

The degree of permanent disablement is assessed by a Medical Board which examines the injured worker and determines:

• Whether the disablement is permanent or temporary
• Whether it is total or partial
• The percentage of loss of earning capacity

The Medical Board's decision can be challenged before the Medical Appeal Tribunal and further before the Employees' Insurance Court.

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Dependants' Benefit in Case of Death

If the employment injury results in the death of the insured person, his dependants are entitled to Dependants' Benefit under Section 52 of the ESI Act. This is paid as a monthly pension to the widow, children, and other dependants of the deceased worker.

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Important Case Law

In Regional Director, ESI Corporation v. Francis De Costa (1997), the Supreme Court held that the ESI Act is a beneficial social security legislation and must be interpreted liberally to give maximum benefit to workers. The court held that the burden of proof in cases of employment injury is not heavy and the worker is entitled to benefit of doubt.

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Conclusion

Disablement benefit under the ESI Act is a crucial social security measure that protects workers and their families from the financial consequences of employment injuries. By providing regular income to workers who are unable to work due to disablement, the Act fulfils its constitutional mandate of providing social security to the working class. The comprehensive framework of temporary and permanent disablement benefits, supported by an accessible adjudication mechanism, makes the ESI Act one of the most important pieces of social security legislation in India.