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Sections 42-43 of the Code on Social Security, 2020: When the ESI Corporation Recovers Benefits from an Employer

If an employer fails to insure an employee at appointment (or within an extended period), insures him only after an accident, or fails to pay contribution, and the employee loses...

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September 30, 2026
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Last updated: September 2026Verified against: Government sources

Section 42 lets the ESI Corporation pay a benefit to an employee whom the employer failed to insure, or for whom contributions were not paid, and then recover the capitalised value of that benefit from the employer. Section 43 lets it claim extra sickness-benefit cost from the owner or occupier of a factory or establishment, or the owner of lodgings, where insanitary conditions or neglect of health regulations cause excessive sickness.

The three triggers in section 42(1)

Every trigger below is a filing or registration lapse, so the most direct protection is accurate monthly filing, which is the work of our ESI and PF return filing service.

ClauseEmployer's failureResult for the employee
(a)Fails or neglects to insure an employee under section 28 at the time of appointment, or within such extended period as the Central Government prescribesEmployee becomes disentitled to a benefit
(b)Insures an employee on or after the date of an accident that caused personal injuryEmployee is disentitled to dependants' or disablement benefit from the Corporation
(c)Fails or neglects to pay contribution the employer is liable to payEmployee becomes disentitled to a benefit or entitled only to a benefit on a lower scale

The rule is protective of the worker. The Corporation does not leave the employee without a remedy because of the employer's default. Instead, if satisfied "in the manner prescribed by the Central Government" that the benefit is payable, it pays the benefit at the rate the employee is entitled to, or would have been entitled to, had the failure not occurred.

The Corporation then turns to the employer. It is entitled to recover the capitalised value of the benefit paid, calculated in the prescribed manner, subject to the employer being given an opportunity of being heard.

How capitalised value is worked out

Rule 27 of the Central Rules, 2026 says the capitalised value of a permanent disablement benefit and dependants' benefit is calculated by multiplying the daily rate of benefit by a multiplication factor based on the age of the Insured Person or dependants, as provided in the regulations. The factors themselves are in the regulations, not in the Code or Rules text we have, so we do not quote any figure. Where a State Government is the appropriate Government, the State's own rules apply to that establishment; the Central Rules apply where the Central Government is.

The proviso: adjusting for contribution, interest and damages

The capitalised value to be calculated may be adjusted for any contribution, interest or damages the employer is liable to pay for delay in payment or non-payment of contribution. The purpose is to avoid double recovery: what the employer would in any case owe as contribution, interest or damages is taken into account. For interest and damages on defaults, see sections 127 and 128.

How the Corporation recovers: s.42(2)

The amount "may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 129 to 132". The Code's general recovery chapter is explained in our article on section 129.

Example

A packaging unit hires a machine operator in April but does not register him. In June he loses part of a hand in an accident. Because he is not registered, he has no entitlement to disablement benefit. If the employer then registers him on or after the date of the accident (clause (b)), or never registered him (clause (a)), the Corporation can pay him the disablement benefit he would have had, and then recover the capitalised value of that benefit from the employer after hearing him. The cost can be far greater than the unpaid contribution would have been.

Disputes

A claim against an employer under section 42 is a matter the Employees' Insurance Court decides: section 49(1)(j). The employer must, before raising a contribution or dues dispute with the Corporation in that Court, deposit fifty per cent of the amount claimed, unless the Court waives or reduces it for reasons recorded in writing (s.49(2)). See sections 48 and 49.

Section 43: excessive sickness and the owner or occupier

Section 43 applies when the Corporation considers that sickness among Insured Persons is excessive because of:

  • (a) insanitary working conditions in a factory or other establishment, or the owner's or occupier's neglect to observe health regulations under any enactment in force; or
  • (b) insanitary conditions in tenements or lodgings occupied by Insured Persons, attributable to the owner's neglect to observe health regulations under any enactment.
StepProvision
1. ClaimCorporation sends the owner or occupier a claim for the extra expenditure incurred as sickness benefit (s.43(1))
2. ReferenceIf not settled by agreement, the Corporation refers the matter, with a statement, to the appropriate Government (s.43(1))
3. InquiryIf the appropriate Government thinks a prima facie case is made out, it may appoint a competent person or persons to inquire (s.43(2))
4. DeterminationIf default or neglect is proved, the inquiry determines the extra expenditure and who pays all or part of it (s.43(3))
5. EnforcementThe determination is enforceable as a decree for payment of money of a Civil Court (s.43(4))

For this section, "owner" of tenements or lodgings includes the owner's agent and a person entitled to collect rent as a lessee (s.43(5)). The section does not set a rupee ceiling or a time limit for the claim, and we do not supply one.

The employer's practical lesson is to keep workplace sanitation and health-regulation compliance documented, since a high sickness rate among insured employees can be traced back under s.43.

Need help keeping registrations and contributions current?

The exposure in section 42 arises from missed registration and missed contribution, both avoidable with routine checks. If you would like a review of your ESI position or help with monthly filings, our team can assist through ESI and PF return filing.

Key takeaways

  • Section 42: if you fail to insure, insure late after an accident, or fail to pay contribution, the Corporation can pay the employee and recover the capitalised value from you.
  • You must be heard before recovery; the amount may be adjusted for contribution, interest and damages you owe.
  • Recovery can be as an arrear of land revenue or under sections 129 to 132.
  • Section 43 lets the Corporation claim extra sickness-benefit cost from owners or occupiers for insanitary conditions or neglect of health regulations, after inquiry by the appropriate Government.
  • Disputes go to the Employees' Insurance Court (s.49), with a fifty per cent deposit for contribution and dues disputes.

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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 42-43

  • 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.

What does section 42 do?

It lets the Corporation pay a benefit that an employee lost because his employer did not insure him, insured him after an accident, or did not pay contribution, and recover the capitalised value from the employer.

Is the employer heard before recovery?

Yes. Section 42(1) makes recovery "subject to the employer being given an opportunity of being heard".

Sections 42-43: 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.

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Questions, answered

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

It lets the Corporation pay a benefit that an employee lost because his employer did not insure him, insured him after an accident, or did not pay contribution, and recover the capitalised value from the employer.

Yes. Section 42(1) makes recovery "subject to the employer being given an opportunity of being heard".

Under rule 27, by multiplying the daily rate of benefit by an age-based multiplication factor set in the regulations.

Yes, section 42(2) allows recovery as if it were an arrear of land revenue, or under sections 129 to 132.

Excessive sickness among Insured Persons due to insanitary conditions or neglect of health regulations by the owner or occupier of a factory, establishment or lodgings. The Corporation can claim the extra sickness benefit cost, after inquiry by the appropriate Government.

By the Employees' Insurance Court (s.49(1)(j)).