Introduction
Digitalisation has fundamentally changed the Indian labour market. Online platforms have created new forms of work through applications and digital intermediaries. Workers may receive assignments through a platform, accept them electronically and perform services such as transportation, food delivery, parcel delivery, home services and logistics.
This model has created employment opportunities but has simultaneously generated new forms of vulnerability. A delivery worker may spend several hours on the road in traffic; a ride-hailing driver may face accidents while transporting passengers; and a logistics worker may suffer injuries while collecting or delivering goods.
The central legal question is who bears responsibility when a gig or platform worker suffers an accident while performing platform work. The question becomes complicated because traditional employment law generally assumes an identifiable employer, employee, workplace and working hours. Platform work often operates through algorithms, flexible arrangements and contractual terms that describe workers as independent contractors.
The Code on Social Security, 2020 is significant because it expressly introduces the concepts of “gig worker” and “platform worker” into Indian social-security legislation.1
Objectives of the study
1. To examine the legal status of gig and platform workers in India.
2. To analyse the concept of platform work under the Code on Social Security, 2020.
3. To examine the accident risks faced by platform workers.
4. To analyse the statutory framework for accident insurance and social security.
5. To examine the responsibilities of aggregators.
6. To identify difficulties in obtaining benefits after accidents.
7. To evaluate the adequacy of the present legal framework.
8. To suggest reforms for effective accident protection.
Research questions
1. Who is a gig worker and who is a platform worker under Indian law?
2. Does an accident suffered while performing platform work qualify for social-security protection?
3. What protection does the Code on Social Security, 2020 provide against accidents?
4. What responsibility should be imposed upon aggregators?
5. Are existing mechanisms sufficient to protect workers against serious injury and death?
6. What reforms are necessary to create an effective accident-protection framework?
Research methodology
This research adopts a doctrinal and analytical methodology. Primary sources include the Code on Social Security, 2020, government notifications, statutory materials and official government publications. Secondary sources include NITI Aayog reports, academic literature and research concerning the gig economy and labour protection. The study primarily examines Indian law, with selected comparative developments used to identify possible reforms.
Concept of gig workers and platform workers
The Code on Social Security, 2020 introduced statutory definitions of gig workers and platform workers. A gig worker is a person who performs work or participates in a work arrangement and earns from such activities outside the traditional employer–employee relationship.2 A platform worker is a person engaged in or undertaking platform work.3 Platform work refers to a work arrangement outside the traditional employer–employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems, to provide specific services or to undertake such other activities as the Central Government may notify, in exchange for payment.4
These definitions are significant because they recognise that social-security needs can exist even when the traditional employer–employee relationship is absent.
Nature of accident risks faced by platform workers
A. Road traffic accidents
Delivery partners and ride-hailing drivers spend substantial periods on roads. Traffic congestion, weather conditions, fatigue and time pressure may increase accident risks.
B. Injuries during delivery
A worker may fall while entering a building, carrying goods, handling packages or travelling to a customer’s location.
C. Accidents during waiting or assignment periods
A significant legal issue concerns the period when a worker is logged into the platform but has not yet accepted an assignment. Whether an accident during this period is sufficiently connected with platform work may be difficult to determine.
D. Occupational stress and fatigue
Long working hours, performance incentives, customer ratings and algorithmic allocation of assignments may encourage workers to remain active for extended periods. Fatigue can increase accident risks.
E. Death and permanent disability
Fatal accidents and permanent disabilities can eliminate a worker’s primary source of income while creating financial hardship for dependants.
Code on Social Security, 2020 and accident protection
The Code on Social Security, 2020 is an important statutory development because it specifically recognises the social-security requirements of gig and platform workers. Section 114 empowers the Central Government to frame and notify social-security schemes for gig and platform workers concerning life and disability cover, accident insurance, health and maternity benefits, old-age protection, crèche and any other benefit determined by the Central Government.5
Accident insurance is therefore expressly contemplated within the statutory framework. However, the effectiveness of the protection depends upon the design, implementation and accessibility of schemes and the ability of workers to obtain benefits without excessive procedural barriers.
Registration of gig and platform workers
Registration is an important element of social-security protection. Section 113 provides for the registration of unorganised workers, gig workers and platform workers.6 The Government has used the e-Shram system to create a national database of unorganised workers, including gig and platform workers.7
Registration can therefore become an important gateway to social-security benefits. However, registration should be accompanied by adequate awareness, simple procedures and accessible assistance for workers.
Role and responsibility of aggregators
Aggregators occupy a central position in the platform economy. They connect consumers with workers and control important aspects of the digital work environment. The Code recognises the role of aggregators in social-security schemes and provides a framework for their contribution.8
Aggregator responsibility is particularly important in accident cases because platforms possess relevant information concerning assignments, working periods, locations and payments. Such information can assist in determining whether an accident was connected with platform work.
Accidents arising out of platform work
The expression “accident arising out of platform work” requires careful legal consideration.
First, an accident may occur during an accepted assignment, such as when a delivery worker is travelling to deliver an order. The connection between the accident and platform work is comparatively strong.
Second, an accident may occur while travelling to collect an accepted assignment. This raises questions concerning when the protected period begins.
Third, an accident may occur while a worker is logged into the platform and waiting for an assignment. Establishing a sufficient connection with platform work may be more difficult.
A clear statutory definition of the “platform work period” would therefore improve legal certainty.
Problems in claiming accident benefits
A. Unclear employment status
Platforms may classify workers as independent contractors, creating uncertainty regarding the applicability of conventional employment protections.
B. Proof of platform connection
Workers may need to demonstrate that the accident occurred while performing platform-related work. Digital evidence such as application login records, GPS information, accepted orders, delivery records and platform communications can be important.
C. Lack of awareness
Workers may not know whether they are registered, what insurance coverage exists, who should receive an accident claim, or which documents are required.
D. Delayed compensation
Serious injuries require immediate medical treatment. Delayed insurance or social-security claims can create considerable financial pressure on workers and their families.
Government initiatives
The Code on Social Security, 2020 was brought into force, save for certain provisions, from 21 November 2025; the provisions on gig and platform workers, including sections 113 and 114, came into force on that date.9 Government initiatives have also focused on the registration and social-security coverage of gig and platform workers through the e-Shram framework.10
Government materials identify accident insurance and other social-security benefits for platform workers.11 NITI Aayog has also highlighted the rapid growth of India’s gig and platform economy, demonstrating the importance of developing an effective social-protection framework.12
Critical analysis
The Code represents a significant development because it moves beyond a purely traditional conception of employment and recognises new categories of workers. However, recognition alone does not automatically guarantee effective compensation.
The principal challenge is the gap between legal recognition and practical enforcement. A platform worker who suffers a serious accident needs immediate medical assistance, income replacement and protection for dependants. A system involving complicated documentation or lengthy dispute resolution may fail to achieve the social-security objective.
The law should therefore move towards a worker-centred accident-protection system. Platforms possess data concerning assignments, working times, locations and payments, and should have appropriate responsibilities in facilitating claims and preserving evidence.
Comparative perspective
Different jurisdictions have adopted different approaches to platform work, including employee classification, intermediate worker categories, mandatory insurance and social-security contributions by platforms.13 India’s approach is notable for expressly recognising gig and platform workers within social-security legislation.
The Indian framework can nevertheless be strengthened by creating clearer rules concerning accident liability, insurance coverage and compensation.
Suggestions and reforms
1. Mandatory accident insurance should be provided for platform workers performing physically hazardous work.
2. The law should clearly define when platform work begins and ends for accident-protection purposes.
3. Platforms should establish automatic accident-reporting mechanisms.
4. Relevant GPS, assignment, login and payment data should be preserved after reported accidents.
5. Workers should have access to a simplified, single-window claims process.
6. Emergency medical assistance should be available immediately after qualifying accidents.
7. Permanent disability and death should attract clearly prescribed benefits and protection for dependants.
8. Workers should receive transparent information about insurers, coverage, exclusions and claim procedures.
9. Workers should not face unfair algorithmic penalties for reporting accidents or refusing demonstrably unsafe work.
10. An accessible grievance-redressal mechanism should be established for disputes concerning accident claims.
Findings
1. Gig and platform work represents a major transformation of the Indian labour market.
2. Platform workers face substantial accident risks, especially in delivery and transportation services.
3. The Code on Social Security, 2020 expressly recognises gig and platform workers.
4. Accident insurance is specifically contemplated under Section 114.
5. Registration is important for access to relevant social-security schemes.
6. Aggregators have an important role in financing and implementing social-security protection.
7. The major challenge is translating statutory recognition into simple and effective accident protection.
8. Clear rules are required concerning when platform work begins and ends for accident protection.
9. Digital platform data can help establish the connection between an accident and platform work.
10. Effective protection requires cooperation between governments, aggregators, insurers and workers.
Conclusion
The rise of the platform economy has created opportunities for flexible work but has also produced new forms of occupational vulnerability. Accidents involving delivery partners, ride-hailing drivers and other platform workers demonstrate the limitations of traditional labour-law concepts.
The Code on Social Security, 2020 marks an important development by expressly recognising gig and platform workers and providing a statutory basis for social-security measures, including accident insurance, life and disability cover and health benefits.
Nevertheless, effective protection cannot depend solely upon statutory recognition. A worker who suffers an accident needs a mechanism that is immediate, accessible, transparent and financially adequate. Mandatory insurance, clear definitions of work-related accidents, aggregator responsibility, digital evidence preservation, simplified claims and adequate compensation can create a more balanced relationship between technological innovation and social justice.
The objective should be to ensure that flexibility in the digital economy does not result in insecurity for the people whose labour sustains it.
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Footnotes
1. The Code on Social Security, No. 36 of 2020, India Code (2020), § 2(35) (“gig worker”), § 2(61) (“platform worker”).
2. Id. § 2(35).
3. Id. § 2(61).
4. Id. § 2(60).
5. Id. § 114(1)(a)–(f).
6. Id. § 113.
7. NITI Aayog, India’s Booming Gig and Platform Economy: Perspectives and Recommendations on the Future of Work 88 (2022), https://niti.gov.in/sites/default/files/2023-02/25th_June_Final_Report_27062022.pdf (the e-Shram portal, launched by the Ministry of Labour and Employment in August 2021, as a national database of unorganised workers including gig and platform workers).
8. The Code on Social Security, No. 36 of 2020, India Code (2020), § 2(2) (“aggregator”), § 114(2)(c) (role of aggregators in a scheme), § 114(3)(c)–(d) (funding by aggregators’ contributions), § 114(4)–(5) (contribution at a notified rate of not less than one and not more than two per cent of the annual turnover of an aggregator in a category specified in the Seventh Schedule, capped at five per cent of the amount paid or payable by the aggregator to gig and platform workers, from a date to be notified), § 141(1)(ii) (Social Security Fund).
9. Ministry of Labour and Employment, Notification S.O. 5319(E) (Nov. 21, 2025), Gazette of India, Extraordinary, pt. II, sec. 3(ii), https://egazette.gov.in/WriteReadData/2025/267882.pdf (appointing Nov. 21, 2025 for the commencement of, among others, §§ 1–14, 17–141 and 144–163 of the Code on Social Security, 2020).
10. NITI Aayog, supra note 7, at 85, 88.
11. Id. at 85, 88 (accidental insurance cover of INR 2 lakh under the Pradhan Mantri Suraksha Bima Yojana for workers registered on the e-Shram portal, the first year’s premium to be borne by the Ministry of Labour and Employment); see also The Code on Social Security, No. 36 of 2020, India Code (2020), § 114(1)(b) (accident insurance).
12. NITI Aayog, supra note 7, at 24–25 (estimating 77 lakh gig workers in 2020–21 and projecting about 2.35 crore by 2029–30).
13. See NITI Aayog, supra note 7, at 78–88 (surveying developments in the United States, the United Kingdom, the European Union, Spain, Indonesia, Uruguay and India).