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Labour Law India · 9 days ago · 263 views

Under the Employees' State Insurance Act, 1948, what are the specific benefits provided under Section 46 for insured persons, and how can they claim these benefits?

KA Asked by Karthik Subramaniam from India

Quick Answer

Under the Employees' State Insurance Act, 1948, Section 46 outlines specific benefits available to insured persons.

Detailed Legal Analysis

Under the Employees' State Insurance Act, 1948, Section 46 outlines specific benefits available to insured persons. The Act is designed to provide a safety net for employees in case of sickness, maternity, or accidents. The key benefits provided under this section include medical benefits, cash benefits during sickness, maternity benefits, and benefits for dependents in case of the employee’s death due to employment-related injuries.

1. **Medical Benefits**: Insured persons are entitled to receive free medical treatment for themselves and their family members. This includes hospitalization, outpatient treatment, and necessary medical supplies.

2. **Sickness Benefits**: If an insured person is unable to work due to illness, they can claim cash benefits for a maximum of 91 days in a benefit period, amounting to 70% of their wages for the days they are unable to work. This is specified under Section 46(1).

3. **Maternity Benefits**: Female employees can avail of maternity benefits which include a cash allowance for up to 26 weeks, as provided under Section 46(2). This benefit is available to insured women who have contributed for at least 78 days in the previous contribution period.

4. **Dependent Benefits**: In the unfortunate event of the death of an insured person due to a work-related accident, their dependents are entitled to a monthly pension as well as a one-time payment, as stipulated under Section 46(4).

To claim these benefits, insured individuals must follow these steps:

1. **Registration**: Ensure registration under the Employees' State Insurance Corporation (ESIC) and obtain an ESIC card.

2. **Documentation**: Gather necessary documents such as medical certificates, hospital discharge summaries, and proof of employment.

3. **Application**: Submit a claim application to the local ESIC office. For sickness or maternity benefits, the application must be submitted within the stipulated time (usually within 6 months of the event).

4. **Follow-Up**: Keep track of the application status and ensure all required information is provided promptly to avoid delays or rejections.

By adhering to these steps and understanding the benefits available under Section 46, insured individuals can effectively access the support intended to safeguard their health and livelihood.

Last updated: September 30, 2026 LPReviewed by LawPucho Legal Team

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.

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