permanent invalidity due to non-occupational injury, which is a under employment protection scheme criteria
Searching the Web
permanent invalidity non-occupational injury employment protection scheme criteria
Searching the Web
employment protection scheme permanent invalidity benefit non-occupational
Asking for Preferences
Searching the Web
ESIC permanent invalidity benefit non-occupational injury criteria eligibility ESI Act
Searching the Web
ESIC "permanent invalidity benefit" non-occupational Section 56 ESI Act eligibility conditions
The ESIC FAQ source has the precise answer. Here is the full breakdown:
ESIC - Permanent Invalidity Due to Non-Occupational Injury (Under Rajiv Gandhi Shramik Kalyan Yojana - RGSKY)
Under the ESIC framework, permanent invalidity arising from a non-occupational (non-employment) injury is a qualifying criterion specifically under the Rajiv Gandhi Shramik Kalyan Yojana (RGSKY) - ESIC's unemployment allowance scheme.
What is RGSKY?
RGSKY was introduced with effect from 1 April 2005 to provide unemployment allowance to Insured Persons (IPs) who become unemployed due to one of three specified reasons:
- Retrenchment as defined under the Industrial Disputes Act, 1947
- Closure of the factory/establishment as defined under the Industrial Disputes Act, 1947
- Permanent invalidity of not less than 40% arising out of a non-employment injury
The third criterion is the one relevant to your query.
Eligibility Criteria for Permanent Invalidity (Non-Occupational) Under RGSKY
| Criterion | Requirement |
|---|---|
| Type of injury | Non-occupational (not an employment injury) |
| Degree of invalidity | Not less than 40% permanent invalidity |
| Certification | Must be certified by a Medical Board constituted by the Central or State Government |
| Prior coverage | IP must have been in insurable employment for at least 3 years before unemployment |
| Contributory conditions | Must have contributed to ESIC during the qualifying period |
Benefits Available Under RGSKY (on qualifying)
| Benefit | Details |
|---|---|
| Unemployment Allowance | 50% of wages for a maximum of 2 years |
| Medical Care | ESI hospital/dispensary care for self and family throughout the period of receiving the allowance |
| Vocational Training | Skill upgradation training - ESIC reimburses fees and travel allowance |
Key Distinction from Employment Injury Disablement Benefit
- Permanent Disablement Benefit (PDB) under Section 51 of the ESI Act covers permanent residual disablement resulting from employment injury (occupational) - there are no contributory conditions for this benefit.
- RGSKY covers permanent invalidity from non-occupational injury, but requires the ≥40% invalidity threshold, Medical Board certification, and at least 3 years of prior insurable employment.
Important Notes
- The Medical Board that certifies invalidity must be constituted by the Central or State Government - a private doctor's certificate is not sufficient.
- The invalidity percentage is assessed on permanent, irreversible basis - temporary incapacity does not qualify.
- Once the IP qualifies under RGSKY for permanent invalidity, they also retain access to medical benefit (for self and spouse) on payment of a nominal annual premium of Rs. 120, even after leaving insurable employment.
This is a shared conversation. Sign in to Orris to start your own chat.