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Sections 34-35 of the Code on Social Security, 2020: When an Accident Counts as Arising Out of Employment

An accident in the course of employment is presumed, unless there is evidence to the contrary, to have arisen out of that employment (s.34(1)). Rescue acts in an emergency at the...

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Last updated: September 2026Verified against: Government sources

Sections 34 and 35 of the Code on Social Security, 2020 decide when an accident is treated as arising out of and in the course of an employee's employment for the ESI benefits in Chapter IV. Section 34 sets a presumption and three deemed situations: emergency rescue, commuting and employer-arranged transport. Section 35 keeps an accident covered even if the employee was breaking a law or an employer's orders.

Why these sections matter

For disablement benefit and dependants' benefit, the Code asks whether the injury was an "employment injury", that is, one sustained in an accident arising out of and in the course of employment. These two sections settle the hard cases in advance. Employees and dependants benefit from the presumption; employers should know the boundaries because an employee who was not insured before an accident can leave the employer liable to the Corporation under section 42 (see sections 42 and 43). For a broader compliance review, see our labour law compliance service.

Section 34 at a glance

Sub-sectionSituationTreatment
34(1)Accident arising in the course of employmentPresumed, absent contrary evidence, to have arisen out of that employment
34(2)Accident in or about premises where the employee is employed for the employer's trade or business, while taking steps in an actual or supposed emergency to rescue, succour or protect persons thought injured or imperilled, or to avert or minimise serious damage to propertyDeemed to arise out of and in the course of employment
34(3)Accident while commuting from residence to place of employment for duty, or back after performing dutyDeemed so, if a nexus is established between the circumstances, time and place of the accident and the employment
34(4)Accident while travelling as a passenger, with express or implied permission of the employer, by a vehicle to or from workDeemed so if the accident would have been so deemed had he been obliged to travel by it, and the vehicle is operated by or for the employer or by someone providing it under arrangements with the employer, and is not operated in the ordinary course of public transport service

The Explanation to s.34 says "vehicle" includes a vessel and an aircraft.

The presumption in s.34(1)

The first sub-section shifts the burden. If an accident happened in the course of employment, it is taken to have arisen out of it "in the absence of evidence to the contrary". The Corporation or the employer who disputes the link must bring that evidence. The employee need not prove the causal link first.

Rescue in an emergency: s.34(2)

An employee who runs to save a colleague or limits serious property damage at the workplace is covered even if rescue is not part of the job. The text covers "an actual or supposed emergency", so a genuine mistake about the danger does not remove cover.

Commuting: s.34(3)

This sub-section brings the journey between home and workplace inside the benefit, but not automatically. The accident must have a nexus with the employment, judged by circumstances, time and place. A worker on the usual route at the usual time for a shift is on stronger ground than one who detours for a personal errand. The Code does not define "nexus" further in this section, so the facts of each case matter. We do not describe any decided cases here.

Employer-arranged transport: s.34(4)

The passenger in a company bus or a vehicle provided under an arrangement with the employer is covered even if he has no obligation to use it, as long as two conditions hold. First, the accident would have been covered had he been obliged to use it. Second, the vehicle was run by or for the employer, or by another person who provided it under arrangements with the employer, and was not running in the ordinary course of a public transport service. Example: a factory pays a private operator to run a staff shuttle; a worker injured in a crash on that shuttle on the way to work is covered. If the same worker were hurt on a city bus he took on his own, s.34(4) does not help; only s.34(3) and its nexus test could.

Section 35: acting in breach of law or orders

Section 35 answers a common employer defence: "he was breaking the rules." An accident is deemed to arise out of and in the course of employment even though the employee was:

  • acting in contravention of any law applicable to him;
  • disobeying orders given by or for the employer; or
  • acting without instructions,

provided two things are true: (a) the accident would have been deemed to arise out of and in the course of employment had the act not been done in contravention or without instructions, and (b) the act was done for the purpose of and in connection with the employer's trade or business.

Both conditions must be met. A worker who bypasses a safety guard to speed up a batch is acting for the business, so the accident stays covered. A worker who stops work to run a personal errand and is hurt fails condition (b).

Practical points for employers

  • Record where and when an accident happened, and the route and transport used in a commuting case, as soon as it is reported.
  • If you provide transport, be aware that s.34(4) treats it as an extension of the workplace for accident cover.
  • Breaches of safety rules still carry their own consequences under other laws. Section 35 concerns benefit entitlement only.
  • How an accident is reported, and the compensation side, are covered in Chapter VII; see sections 73 to 75 for reporting and liability.

For the benefits that follow, see our existing posts on disablement benefit under ESI and dependants' benefit.

Which rules apply

The Code text decides these questions. Where a scheme or rule needs procedure, the Central Rules, 2026 apply where the Central Government is the appropriate Government, and the State's own rules where the State Government is.

Need help with accident reporting and labour compliance?

When an accident happens, the first few hours decide how well the record stands up later. If you want a policy for accident recording, transport arrangements and ESI follow-up, our labour law compliance team can help you put one in place.

Key takeaways

  • An accident in the course of employment is presumed to arise out of it, unless contrary evidence is shown (s.34(1)).
  • Emergency rescue at the workplace is covered even though it is not part of the job (s.34(2)).
  • Commuting accidents are covered only if a nexus is established (s.34(3)).
  • Employer-arranged transport not run as ordinary public transport is covered (s.34(4)).
  • Breach of law or orders does not remove cover if the act was for the employer's trade or business (s.35).

Read next

Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Sections 34-35

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is an accident on the way to work covered?

It can be. Section 34(3) deems it covered if a nexus is established between the circumstances, time and place of the accident and the employment.

Who has to prove that the accident arose out of employment?

Section 34(1) presumes it does, in the absence of evidence to the contrary, so the party disputing it must produce that evidence.

Sections 34-35: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

It can be. Section 34(3) deems it covered if a nexus is established between the circumstances, time and place of the accident and the employment.

Section 34(1) presumes it does, in the absence of evidence to the contrary, so the party disputing it must produce that evidence.

Yes, under s.34(4), if the employee travels with the employer's express or implied permission, the vehicle is run by or for the employer (or under arrangements with the employer), and it is not operated in the ordinary course of public transport service.

The Explanation to s.34 says it includes a vessel and an aircraft.

Under s.35, yes, if the accident would otherwise have been covered and the act was done for the purpose of and in connection with the employer's trade or business.

No. Section 36(3) says section 34(1) does not apply to cases to which section 36 applies. See our article on sections 36 and 37.