Section 53 of ESI Act : Section 53: Bar Against Receiving Or Recovery Of Compensation Or Damages Under Any Other Law
ESI Act
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Explanation using Example
Imagine John, an insured person under The Employees State Insurance Act, 1948, sustains an injury while operating machinery at his workplace. Due to this injury, John is unable to work for several weeks. Under Section 53 of the Act, John is entitled to certain benefits like medical treatment and wage replacement through the ESI scheme.
However, John cannot claim additional compensation for the same injury through other laws like the Workmen's Compensation Act, 1923, or file a personal injury lawsuit against his employer or any other party. This section ensures that John receives the necessary support through the ESI scheme without the possibility of 'double recovery' for the same employment injury.