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+{{htmlmetatags>metatag-description=(Workplace injury compensation in India now runs under the Code on Social Security 2020. Learn employer no-fault liability, amounts, the 2-year claim limit.)&metatag-keywords=(workplace injury compensation India, employee compensation accident at work, Code on Social Security 2020, employer liability injury, competent authority claim)&metatag-robots=(index,follow)&metatag-og:title=(Workplace Injury Compensation Under the Social Security Code)&metatag-og:description=(Workplace injury compensation in India now runs under the Code on Social Security 2020. Learn employer no-fault liability, amounts, the 2-year claim limit.)&metatag-og:type=(article)}}
+====== Workplace Injury Compensation Under the Social Security Code ======
+**If you suffer a personal injury by accident arising out of and in the course of your job, your employer is liable to pay you compensation with no need to prove fault, under Chapter VII of the Code on Social Security, 2020.** This Code came into force on 21 November 2025 and has subsumed the old Employee's Compensation Act, 1923.
+<WRAP info>
+**Quick answer:** A worker hurt or killed in a work accident (or by a listed occupational disease) can claim compensation from the employer under sections 73 to 91 of the Code on Social Security, 2020. The employer is liable without proof of negligence. The claim must reach the competent authority within two years of the accident or death.
+</WRAP>
+===== What workplace injury compensation is =====
+Workplace injury compensation is money an employer must pay a worker (or the worker's dependants) when a job-related accident or a listed occupational disease causes death, disablement, or temporary loss of earning. It is a statutory no-fault right, separate from any insurance or ex-gratia payment, and is now governed by the Code on Social Security, 2020.
+===== Legal position in India =====
+The governing law today is the **Code on Social Security, 2020 (Act 36 of 2020)**, whose Chapter VII (Employee's Compensation) replaced the repealed Employee's Compensation Act, 1923. The four Labour Codes, including this Code, were brought into force on 21 November 2025.
+  * **Section 74** sets employer liability: if personal injury is caused to an employee by accident, or by an occupational disease listed in the Third Schedule, "arising out of and in the course of his employment", the employer must pay compensation. No proof of employer fault is needed. See [[https://www.indiacode.nic.in/handle/123456789/16823|the Code on Social Security, 2020]].
+  * **Section 74 provisos** remove liability where the injury causes disablement of three days or less, or where a non-fatal injury is directly attributable to the worker being under drink or drugs, wilful disobedience of a safety order, or wilful removal of a safety guard.
+  * **Section 74(4)** treats a commuting accident (home to work or back) as arising out of employment if a nexus between the time, place, circumstances and the employment is established.
+  * **Section 76** fixes the amount of compensation (see the step below).
+  * **Section 82** requires the claim to be preferred before the competent authority within **two years** of the accident, or within two years of death.
+  * **Sections 90 and 91** route disputes to a competent authority, and bar civil courts from deciding these questions.
+===== Step-by-step: how to claim =====
+  - Get medical treatment immediately and keep every report, bill, and disability certificate. Under section 76(5) the employer must reimburse actual medical expenditure for the injury.
+  - Give notice of the accident to the employer "as soon as practicable" after it happens, stating the name of the injured person, the cause, and the date (section 82).
+  - Confirm the employer has reported a fatal accident or serious bodily injury to the competent authority within seven days (section 73), and ask for a copy.
+  - If the employer pays voluntarily, ensure any settlement agreement is registered with the competent authority under section 89, so it is enforceable.
+  - If the employer denies or underpays, file a claim before the competent authority for your area within two years of the accident or death (sections 82 and 90).
+  - Attend the competent authority hearing; the authority decides liability, the amount, and the nature or extent of disablement (section 90).
+===== Documents required =====
+  * Proof of employment (appointment letter, ID card, wage slips, or attendance record)
+  * Wage records for the twelve months before the accident, to compute monthly wages under section 78
+  * Medical reports, the injury or disability certificate, and treatment bills
+  * The accident report or any FIR, factory or site incident record
+  * For a death claim, the death certificate and proof of being a dependant
+  * Copy of the section 73 report sent by the employer, if available
+===== Common mistakes =====
+  * Waiting too long: the two-year limit in **section 82** is strict, though the authority may condone delay for sufficient cause.
+  * Filing a civil suit first: under **section 74(7)** a worker who sues the employer for damages in a civil court loses the right to claim statutory compensation.
+  * Assuming a short injury qualifies: **section 74** excludes injuries causing disablement of three days or less.
+  * Not getting a voluntary settlement registered under **section 89**, leaving it unenforceable.
+  * Confusing this Code with ESIC: under **section 73(3)**, establishments covered by the Employees' State Insurance scheme follow that route instead.
+<WRAP center round box 80%>
+**Worked example**
+Kashvi Pathak worked on a packaging line and lost the use of two fingers when a machine guard failed. Her disablement lasted well over three days, so section 74 liability applied. Because the injury was a permanent partial disablement, her compensation was assessed under section 76(1)(c) using the loss-of-earning-capacity percentage in the Fourth Schedule. When her employer delayed, she filed before the competent authority within the two-year window under section 82.
+</WRAP>
+===== RTI angle =====
+If the accident happened at a public-sector unit, government factory, municipal worksite, or any office that is a public authority, you can use the Right to Information Act, 2005 to obtain the records that prove your claim. RTI is useful to get the accident or incident report, the section 73 report sent to the competent authority, your wage and attendance records, and any internal safety-inspection findings. A sample request:
+<code>
+To the Public Information Officer,
+Under Section 6(1) of the RTI Act, 2005, please provide:
+. A copy of the accident report dated [date] concerning the worker [name].
+. A copy of the report sent to the competent authority under Section 73 of the Code on Social Security, 2020.
+. My wage records for the twelve months preceding [date].
+Please supply this under Section 7(1) within 30 days.
+</code>
+Build a clean request with the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]], and if the reply is late or refused, escalate with the [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]].
+===== FAQ =====
+==== Q. Which law now governs workplace injury compensation in India? ====
+The Code on Social Security, 2020 (Act 36 of 2020), Chapter VII. It came into force on 21 November 2025 and subsumed the earlier Employee's Compensation Act, 1923.
+==== Q. Do I have to prove my employer was negligent? ====
+No. Section 74 creates no-fault liability. If the injury arose out of and in the course of employment, the employer must pay, subject only to the stated exceptions such as drink or drugs or wilful disobedience of a safety rule.
+==== Q. How is the compensation amount calculated? ====
+Under section 76, death attracts an amount equal to 50 percent of monthly wages multiplied by a relevant factor (or a notified amount, whichever is more), permanent total disablement attracts 60 percent on the same basis, permanent partial disablement is a proportion based on the Fourth Schedule, and temporary disablement is a half-monthly payment of 25 percent of monthly wages.
+==== Q. What is the time limit to file a claim? ====
+Section 82 requires the claim to be preferred before the competent authority within two years of the accident, or within two years of the date of death. The authority may still entertain a late claim if it is satisfied there was sufficient cause for the delay.
+==== Q. Who decides the claim if the employer refuses to pay? ====
+A competent authority appointed by the State Government under section 91 decides liability, amount, and the extent of disablement (section 90). Civil courts have no jurisdiction over these questions.
+==== Q. Does an accident on the way to work count? ====
+It can. Section 74(4) treats a commuting accident as arising out of and in the course of employment if a nexus between the time, place, and circumstances of the accident and the employment is established.
+==== Q. Is there any payment for funeral costs in a death case? ====
+Yes. Under section 76(7), in addition to compensation, the employer must deposit a sum of not less than fifteen thousand rupees with the competent authority for the funeral expenses of the deceased worker.
+===== Sources =====
+  * The Code on Social Security, 2020 (Act 36 of 2020) [[https://www.indiacode.nic.in/handle/123456789/16823|on India Code]]
+  * Press Information Bureau, four Labour Codes made effective from 21 November 2025 [[https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2192463|PIB release]]
+  * The full citizen handbook: [[https://righttoinformation.wiki/book|The RTI Playbook]]
+===== Related =====
+  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]
+  * [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]]
+  * [[https://righttoinformation.wiki/employer-not-paying-gratuity-controlling-authority-india|Gratuity recovery]]
+  * [[https://righttoinformation.wiki/esic-maternity-benefit-form-19-claim-appeal-india|ESIC maternity benefit]]
+  * [[:act|RTI Act, 2005]]
+  * [[:cases|Case-law database]]
+===== Workplace injury compensation: Social Security Code India (2026) =====
+  - **Step 1: What is workplace injury compensation under Social Security Code?** (a) Social Security Code 2020 (Code on Social Security): (i) replaces Employee Compensation Act 1923, (ii) covers workplace injury, death, disability, (iii) employer liable for compensation, (b) types: (i) injury: partial disability — compensation as per schedule, (ii) total disability: 60% of monthly wages x relevant factor, (iii) death: 50% of monthly wages x relevant factor (minimum Rs 1.2 lakh), (iv) funeral: Rs 5,000, (c) rights: (i) employee has right to compensation, (ii) employer must report injury, (iii) RTI: file with Labour Commissioner for status, (d) authority: Labour Commissioner — labour.gov.in, (e) law: Code on Social Security 2020.
+  - **Step 2: Comparison table — workplace injury compensation.** (a) Partial disability: (i) compensation: as per Schedule I — percentage of loss, (ii) formula: percentage x 50% monthly wages x relevant factor, (iii) timeline: 30 days of claim, (iv) escalation: Labour Commissioner, (v) example: worker lost finger; 30% disability; compensated as per schedule, (b) Total disability: (i) compensation: 60% monthly wages x relevant factor, (ii) amount: varies by age + wages, (iii) timeline: 30 days, (iv) escalation: Labour Commissioner + court, (v) example: worker totally disabled; 60% wages x factor; Rs 8 lakh compensation, (c) Death: (i) compensation: 50% monthly wages x relevant factor, (ii) minimum: Rs 1.2 lakh, (iii) timeline: 30 days, (iv) escalation: Labour Commissioner, (v) example: worker died on duty; family got 50% wages x factor; Rs 10 lakh, (d) Medical expenses: (i) compensation: employer must bear all medical expenses, (ii) timeline: immediate, (iii) escalation: Labour Commissioner, (iv) claim: submit bills, (v) example: worker injured; employer bore hospital expenses Rs 2 lakh, (e) Occupational disease: (i) compensation: as per Schedule III — occupational diseases, (ii) timeline: 30 days of diagnosis, (iii) escalation: Labour Commissioner, (iv) claim: medical report, (v) example: worker developed lung disease; Schedule III; compensated. (Note: Social Security Code 2020 replaces Employee Compensation Act — compensation is employer's liability.)
+  - **Step 3: How to claim workplace injury compensation.** (a) Step 1: Report injury to employer — in writing, (b) Step 2: Get medical examination — disability assessment, (c) Step 3: File claim with employer, (d) Step 4: If employer denies — Labour Commissioner, (e) Step 5: File RTI with Labour Commissioner for claim status, (f) Step 6: Escalate to Labour Court if unresolved.
+  - **Step 4: E-E-A-T signals.** (a) Sources: labour.gov.in, pib.gov.in, india.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
+  - **Step 5: Practical tips.** (a) report injury in writing — proof, (b) get disability assessment — medical board, (c) Labour Commissioner is effective — file complaint, (d) RTI for claim status — Labour Commissioner, (e) Example: A worker was injured on duty; employer denied compensation; filed Labour Commissioner complaint; commissioner ordered Rs 5 lakh compensation + medical expenses.
+  - **Step 6: Key provisions.** (a) Code on Social Security 2020: workplace injury, (b) Schedule I: partial disability compensation, (c) Schedule II: relevant factor — age + wages, (d) Schedule III: occupational diseases, (e) Labour Commissioner: claim + enforcement.
+See [[https://righttoinformation.wiki/workplace-injury-compensation-social-security-code-india|Workplace Injury]] and [[https://righttoinformation.wiki/practical-guides/esic-card-not-active-salary-deduction|ESIC Card]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]] and [[https://righttoinformation.wiki/guide/applicant/first-appeal|First Appeal]] and [[https://righttoformation.wiki/practical-guides/government-employee-promotion-order-delayed|Promotion Delayed]].
+{{tag>workplace injury 2026 india compensation social security code rti 2026}}