Bengaluru's economy runs on the work of millions — on construction sites, in factories, warehouses, kitchens, hospitals and delivery fleets. When someone is hurt on the job, the law gives them, and their family, a right to compensation. Here is what our work comp lawyers want every employee to know.
What "work comp" means in India
"Work comp" (workers' compensation) refers to compensation an employer must pay for injury, disability or death caused by an accident arising out of and in the course of employment. In India this was governed for nearly a century by the Employee's Compensation Act, 1923, and the provisions have now been brought into the Code on Social Security, 2020. The core principle remains: compensation does not depend on proving the employer was negligent.
What counts as a workplace accident?
The accident must be connected to your work. Injuries at the workplace during working hours are the clearest example, but accidents while travelling on the employer's work, or while doing something incidental to the job, can also qualify. Certain occupational diseases are treated as injuries caused by employment.
What compensation is available?
- Death — a lump sum to dependants, calculated on the employee's wages and age, plus funeral expenses.
- Permanent total disablement — a larger lump sum reflecting total loss of earning capacity.
- Permanent partial disablement — a proportion based on the percentage loss of earning capacity.
- Temporary disablement — periodic payments while you are unable to work.
- Medical expenses incurred in treating the injury.
Five steps to protect your claim
- Inform your employer of the accident in writing as soon as possible, and keep a copy.
- Get treatment and keep every medical record and bill.
- Preserve proof that you worked there — ID cards, attendance, wage slips, bank credits, messages from supervisors.
- Do not sign any settlement or "full and final" document without legal advice.
- Speak with work comp lawyers early, so the claim is filed within time before the competent authority.
What if the employer denies I worked there?
This is common with contract and daily-wage workers. Witness statements from co-workers, phone records, photos at the site and payment records can establish employment. In some cases the principal employer can also be liable for workers engaged through a contractor.
This article is for general information only and is not legal advice. The law changes, and its application depends on the facts of each case.