EMPLOYER’S LIABILITY FOR INDUSTRIAL INJURIES: A CRITICAL ANALYSIS FROM THE EMPLOYEES’ COMPENSATION ACT, 1923 TO THE CODE ON SOCIAL SECURITY, 2020

AUTHOR – V. KARUNYA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – V. KARUNYA, EMPLOYER’S LIABILITY FOR INDUSTRIAL INJURIES: A CRITICAL ANALYSIS FROM THE EMPLOYEES’ COMPENSATION ACT, 1923 TO THE CODE ON SOCIAL SECURITY, 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 741-745, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

The statutory framework guaranteeing compensation for employment-related injuries constitutes a crucial pillar of India’s social welfare architecture. While the Employees’ Compensation Act, 1923 originally established a regime of strict employer liability, this framework has now been comprehensively subsumed and modernized by the Code on Social Security, 2020. This paper undertakes a critical examination of employer liability under Chapter VII of the new Code, contrasting it with the historical 1923 legislation. It explores the enduring judicial interpretation of phrases such as “arising out of” and “in the course of” employment, the statutory codification of the notional extension doctrine regarding commuting accidents, and the treatment of occupational diseases. Furthermore, the study evaluates whether the updated compensation mechanisms adequately address the socio-economic realities of contemporary employment, particularly the gig economy. The paper concludes that while the 2020 Code significantly broadens employee protection, proactive regulatory updates and robust implementation strategies remain essential for ensuring meaningful financial security.

KEYWORDS: Code on Social Security, 2020, Employer’s Liability, Industrial Injuries, Strict Liability, Arising out of Employment,  Doctrine of Notional Extension, Gig and Platform Workers,  Occupational Diseases