Contract worker injured — company denies responsibility
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What kind of work? Contract or daily-wage worker
Where you stand
- In your favour Compensation does not depend on proving the employer was at fault.
- Be careful The principal employer can be liable if the contractor does not pay.
Papers to gather
- Proof of employment (ID card, pay slips, attendance, contractor’s gate pass)
Employers often deny the worker was theirs. Where: Wallet, phone photos, co-workers. - Hospital records, discharge summary, bills and disability certificate
Compensation depends on loss of earning capacity. Where: Hospital; medical board. - Accident details: date, time, place, witnesses, photos
Must arise out of and in the course of employment. Where: Co-workers; your phone. - Wage proof (salary slips, bank credits)
Compensation is calculated on wages. Where: Bank statements.
You may also need, depending on your answers
- ESI card / IP number and the accident report (Form 12 or online) — Needed for ESIC benefits.
- Death certificate, post-mortem report and FIR — Needed for dependants’ claims.
- Proof of dependants (family ID, ration card, birth certificates) — Decides who gets compensation.
- Written notice of the accident to the employer — A formal step before claiming.
What the law says
Compensation for injury or death arising out of and in the course of employment is now under the Code on Social Security, 2020 (in force from 21 November 2025), which replaces the Employee’s Compensation Act, 1923. Workers covered by ESIC claim disablement and dependants’ benefits from ESIC. Other claims go to the employer and, if refused, to the competent authority under the Code. Separate police action is possible if negligence caused the accident.
General information, not legal advice.
Saboot will also ask
- Who was hurt?
- Is the worker covered by ESIC (ESI card / IP number)?
- Was the accident reported to the employer in writing?
Similar situations
- Injured at a factory or construction site
- Worker died at work — family wants compensation
- Injured at work and ESIC is not paying
- Accident while travelling for work
Sources
- Ministry of Labour and Employment (official site) — Code on Social Security, 2020
- ESIC
- NALSA — free legal aid
The full guide: I was injured at work, or a worker died on the job — compensation · All situations