When the employer is liable
Under Chapter VII of the Code on Social Security (which replaced the Employees’ Compensation Act, 1923), an employer pays compensation when an employee is injured, dies or contracts a listed occupational disease through an accident arising out of and in the course of employment — including, under the Code, an accident on the way between home and work.
Employees covered by ESI claim through ESIC’s employment injury benefits instead, and the employer is not separately liable for those.
How compensation is worked out
- Pay compensation within one month of it falling due; interest and a penalty apply to delay.
- Report serious accidents to the authorities the OSH Code and state rules name, and keep the accident record.
| Outcome | Compensation |
|---|---|
| Death | 50% of monthly wages × the relevant factor for the employee’s age, subject to the notified minimum |
| Permanent total disablement | 60% of monthly wages × the relevant factor, subject to the notified minimum |
| Permanent partial disablement | A percentage of the permanent-total amount, by the loss of earning capacity |
| Temporary disablement | Half-monthly payments of 25% of monthly wages, after a short waiting period |
References
Related
Plain-language guidance for HR teams, not legal advice. Checked against the sources above on 29 September 2026; the notification or your authority’s portal is final. Spotted something out of date? Tell us.

