Compensation for employment injuries in India: An analysis of the code on social security, 2020
Abstract
The Code on Social Security, 2020, which became effective from November 21, 2025, marks a significant reform in India's labour framework by consolidating nine prior laws, including the Employees' Compensation Act, 1923, into a unified structure aimed at extending social security to a broader workforce, encompassing organised, unorganised, gig, and platform workers. This paper examines the provisions governing employment injury compensation under Chapter VII (sections 73-99), which retains a no-fault, employer-liability model for personal injuries caused by accidents or occupational diseases arising out of and in the course of employment. Key points include a broader definition of employment injury, coverage of commuting accidents in certain situations, and fixed compensation for death (50% of monthly earnings multiplied by the applicable factor), Permanent injury resulting in total loss of earning ability (60%), permanent partial disablement (based on the percentage of loss of earning capacity as per the Schedule), and temporary disablement. The analysis highlights enhanced applicability to diverse worker categories, streamlined reporting and claim procedures, and judicial precedents emphasising beneficial interpretation in favour of employees. Strengths of the Code lie in its consolidation of laws, universalisation of benefits, and improved portability, while limitations include ambiguities in employer liability for gig and platform workers, reliance on delegated rules for implementation details, and potential reductions in certain contributions affecting benefit levels. Overall, the Code advances worker protection as a social justice measure but requires prompt rule notifications, robust enforcement, and greater clarity for emerging work forms to realise its full potential in strengthening employment injury safeguards within India's evolving labour regime.
Fields of Study & Subjects
Labor Law and Work Dynamics
Legal and Labor Studies
Occupational Health and Safety in Workplaces
Publication details
- Journal / source
- International Journal of Law Justice and Jurisprudence
- Volume
- 6
- Issue
- 2
- Pages
- 14–17
- Publication date
- 1 February 2026
- Language
- EN