Dear Friends,
A worker, while on the way to work, met with a train accident (due to trespass on the railway line) and died. Is he eligible for Workmen's Compensation as he started from his residence to his workplace even though he has not entered the work premises?
Is it required to inform the Workmen Compensation Commissioner about the railway trespass accident of the worker? If we claim from the GPA Policy, shall we get the claim amount?
From India, Kumbakonam
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1257A worker, while on the way to work, met with a train accident (due to trespass on the railway line) and died. Is he eligible for Workmen's Compensation as he started from his residence to his workplace even though he has not entered the work premises?
Is it required to inform the Workmen Compensation Commissioner about the railway trespass accident of the worker? If we claim from the GPA Policy, shall we get the claim amount?
From India, Kumbakonam
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As a matter of fact, we have to release the corpse after paying the fine, as the railway track is the property of the Railways. If we enter the railway track, it is mere trespass and a punishable offence. Here, it is the responsibility of the workman, showing gross negligence of personal safety.
From India, Kumbakonam
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From India, Kumbakonam
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Dear Bhaskar,
In this case, it is left to the party to decide whether they are willing to provide him any benefits or not. He will surely get the basic medical assurances as per his employment rules, but more than that is not an assured benefit. I need not explain the principle of "Volenti non-fit injuria" and where the victim is equally responsible for the act, he has no right to claim damages from the other party, but only compensation to the extent of the damage caused to him. As you have already explained that trespass is a punishable offense, in what way can the law support the victim other than what he is assured of under employment laws? (Employment laws consider it as an accident since it intends to benefit the employee and his contributions, for railways it's purely the case.)
Hence, he is assured of benefits as per his employment rules, but the railways will not be liable for any damages. As I have already mentioned, if the railway is willing to pay, then the benefit to the victim will not be disturbed by law.
Regarding the GPA Policy, the accident has to be proved. Make sure the trespass is not mentioned in any of the reports, and you do not have any claims against the Railways. If proving the trespass is not possible other than by railways, then if you do not have any claims against the railways, ensure it is not mentioned as trespass in the reports so you can claim under the policy. For more details on GPA, refer to the link provided below:
http://gbic.co.in <link updated to site home>
From India, Bangalore
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In this case, it is left to the party to decide whether they are willing to provide him any benefits or not. He will surely get the basic medical assurances as per his employment rules, but more than that is not an assured benefit. I need not explain the principle of "Volenti non-fit injuria" and where the victim is equally responsible for the act, he has no right to claim damages from the other party, but only compensation to the extent of the damage caused to him. As you have already explained that trespass is a punishable offense, in what way can the law support the victim other than what he is assured of under employment laws? (Employment laws consider it as an accident since it intends to benefit the employee and his contributions, for railways it's purely the case.)
Hence, he is assured of benefits as per his employment rules, but the railways will not be liable for any damages. As I have already mentioned, if the railway is willing to pay, then the benefit to the victim will not be disturbed by law.
Regarding the GPA Policy, the accident has to be proved. Make sure the trespass is not mentioned in any of the reports, and you do not have any claims against the Railways. If proving the trespass is not possible other than by railways, then if you do not have any claims against the railways, ensure it is not mentioned as trespass in the reports so you can claim under the policy. For more details on GPA, refer to the link provided below:
http://gbic.co.in <link updated to site home>
From India, Bangalore
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A very good question Mr Bhaskar and I agree with Mr BSSV too.
Well there are two things that come in our mind when we thinks about this kind of case.
First thing is that we cant avoid Compensation Act that is applicable and employer follows and take action according to what rules and policy says. We knows that who is engaged for the purposes of employer's business (at work/Job) means who is at the premises, inside the gate of company, at site and while working met with an injury/ any accident, shall be entitled for compensation.
If employee met with any accident/injury arising out of land in the course of his employment; means he is at work but if any employee who is walking down to reach at work and like in your query where employee was still on way to work and met with accident, are not eligible for Compensation but like Mr BSSV said it is also depends on Employer but I don’t think any employer can favor this.
Second, about whether we inform to Workmen Compensation Commissioner about the railway trespass accident of the worker or not, well there'd have no need to do that as this is completely a negligence of personal Safety done by the one and suffered bcz of it (like u said in your response or thread #3). Also the Railway authority would never take responsibility and must have not do that too.
But on account of Group Personal Accident (GPA) Insurance Scheme if it is obtained, a welfare measure formulated to insure the employees against the consequences of personal accidents and provide appropriate relief to the affected employee or the nominees through an Insurance Cover. Because this scheme is give a coverage to employees round the clock, whether he is on Company's duty or not, on any location in India which is like a normal Personal Accidental Insurance Policy.
Benefits under GPA also varies and according to the Policy provider such as HDFC ERGO giving much different benefits to employee then SBI, Future Generali and they are doing the same.
From India, Gurgaon
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Well there are two things that come in our mind when we thinks about this kind of case.
First thing is that we cant avoid Compensation Act that is applicable and employer follows and take action according to what rules and policy says. We knows that who is engaged for the purposes of employer's business (at work/Job) means who is at the premises, inside the gate of company, at site and while working met with an injury/ any accident, shall be entitled for compensation.
If employee met with any accident/injury arising out of land in the course of his employment; means he is at work but if any employee who is walking down to reach at work and like in your query where employee was still on way to work and met with accident, are not eligible for Compensation but like Mr BSSV said it is also depends on Employer but I don’t think any employer can favor this.
Second, about whether we inform to Workmen Compensation Commissioner about the railway trespass accident of the worker or not, well there'd have no need to do that as this is completely a negligence of personal Safety done by the one and suffered bcz of it (like u said in your response or thread #3). Also the Railway authority would never take responsibility and must have not do that too.
But on account of Group Personal Accident (GPA) Insurance Scheme if it is obtained, a welfare measure formulated to insure the employees against the consequences of personal accidents and provide appropriate relief to the affected employee or the nominees through an Insurance Cover. Because this scheme is give a coverage to employees round the clock, whether he is on Company's duty or not, on any location in India which is like a normal Personal Accidental Insurance Policy.
Benefits under GPA also varies and according to the Policy provider such as HDFC ERGO giving much different benefits to employee then SBI, Future Generali and they are doing the same.
From India, Gurgaon
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The only thing GPA worries/demands is that it must have to be an "accident" caused because of the reasons on which the human has no control and contribution.
Regarding the employer agreeing to pay, yeah, quite difficult but certain claims are supported by the state so employers hardly have any objections to it. Yes, compensation but not damages. I also do not think that the employer would be willing to cause more harm to the family which has already lost something valued. I have observed that the employers do help such victims as far as possible and do something needful without violating any rules. The co-employees' support may also be observed. If the employer is that strict and can never compromise on a few thousand, then there won't be any value for the employees as human beings; they partially become machines.
But yeah, there are certain accidents where certain employees do involve in illegal or immoral activities, or overstimulated emotions resulting in fights and causing death. Routine drunk driving practices causing accidents, preexistence of health as an addition to the accident where in a normal case would not result in death—these matters are strictly never supported.
But the above is a clear case of misfortune.
From India, Bangalore
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Regarding the employer agreeing to pay, yeah, quite difficult but certain claims are supported by the state so employers hardly have any objections to it. Yes, compensation but not damages. I also do not think that the employer would be willing to cause more harm to the family which has already lost something valued. I have observed that the employers do help such victims as far as possible and do something needful without violating any rules. The co-employees' support may also be observed. If the employer is that strict and can never compromise on a few thousand, then there won't be any value for the employees as human beings; they partially become machines.
But yeah, there are certain accidents where certain employees do involve in illegal or immoral activities, or overstimulated emotions resulting in fights and causing death. Routine drunk driving practices causing accidents, preexistence of health as an addition to the accident where in a normal case would not result in death—these matters are strictly never supported.
But the above is a clear case of misfortune.
From India, Bangalore
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Dear Mr. BSSV,
Thank you for responding to my query.
I have some basic questions that need replies.
Normally, in the case of Railway Trespass Accidental Death, the family of the deceased must pay the fine to the Railway for collecting the corpse; only then will the body be handed over to the family.
The Railway authorities have clearly refused railway compensation, and the FIR is lodged only with Railway Police. For lodging the FIR, the GRPF has taken reference from the Station Master, who received the report from the Train Guard and no one else. The Train Guard has reported it as a sudden trespass and being hit by the train resulting in the victim's death. As the case happened on the railway track and not on the premises, the family of the victim will not receive any compensation (Insurance or WC) from the Company's side.
For PF, EPS, and EDLI, I will fill out the form and send it for claiming. Surely, they will benefit from PF, EPS, and EDLI. Other than this, the family will not receive any compensation legally.
From India, Kumbakonam
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Thank you for responding to my query.
I have some basic questions that need replies.
Normally, in the case of Railway Trespass Accidental Death, the family of the deceased must pay the fine to the Railway for collecting the corpse; only then will the body be handed over to the family.
The Railway authorities have clearly refused railway compensation, and the FIR is lodged only with Railway Police. For lodging the FIR, the GRPF has taken reference from the Station Master, who received the report from the Train Guard and no one else. The Train Guard has reported it as a sudden trespass and being hit by the train resulting in the victim's death. As the case happened on the railway track and not on the premises, the family of the victim will not receive any compensation (Insurance or WC) from the Company's side.
For PF, EPS, and EDLI, I will fill out the form and send it for claiming. Surely, they will benefit from PF, EPS, and EDLI. Other than this, the family will not receive any compensation legally.
From India, Kumbakonam
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Dear Mr. Anil
Thank you for your response in this thread.
As said by you, I did not inform the WC Commissioner about the accident. Because it was happened while he was on the way to duty in the morning hours. There is a foot over bridge available within 50 meters of accident spot. He was to come through that way only. Trespassing was not authorised and not safe also. The trespassing only endangered his life. Even in my Corporate Office also argued in the same way what you have explained.
But the GPA also giving coverage only on the workspot and on natural death. This accident is happened due to mere gross negligence of the Victim. Hence the GPA compensation also will not be available for the family of victim.
From India, Kumbakonam
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Thank you for your response in this thread.
As said by you, I did not inform the WC Commissioner about the accident. Because it was happened while he was on the way to duty in the morning hours. There is a foot over bridge available within 50 meters of accident spot. He was to come through that way only. Trespassing was not authorised and not safe also. The trespassing only endangered his life. Even in my Corporate Office also argued in the same way what you have explained.
But the GPA also giving coverage only on the workspot and on natural death. This accident is happened due to mere gross negligence of the Victim. Hence the GPA compensation also will not be available for the family of victim.
From India, Kumbakonam
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Dear Sir, Eventhough his family will not get any compensation from the insurance company or from our company, we are arranging some funds through collection, and at present, we have collected around Rs. 300000/-. We have planned to give the FD receipt to the family, and the monthly interest will be getting deposited into their savings bank account, which will be helpful for their livelihood. In addition to that, we are arranging the EPF, EPS Pension, and EDLI compensation too for the family of the deceased. Along with this money
From India, Kumbakonam
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From India, Kumbakonam
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What definition of Accident insurance company is using in their T&Cs?
And what accidents means to us???
Accident is accident does not matter it is been due to negligence or natural. I doubt the same terms specified in the GAP policy or insurance company can explain this.
I buy that Trespassing is not authorized; he did mistakes and suffered but the personal accidental insurance that I was talking about gives coverage of any type of accident. I said that there are some differences with the benefits and conditions what SBI, HDFC ERGO and other are giving to the insured person, which matters here.
The definition what is using by the Insurance Company ..
“Accident - means a sudden, unforeseen and unexpected event caused by external, violent and visible means and resulting in physical bodily injury. “ and I never found any condition like the one who suffered with any bodily injury or anything due to any kind of negligence wont be able to get benefited.
Trespassing and injured by anyhow is also comes under "unforeseen, unexpected and sudden" injuries
From India, Gurgaon
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And what accidents means to us???
Accident is accident does not matter it is been due to negligence or natural. I doubt the same terms specified in the GAP policy or insurance company can explain this.
I buy that Trespassing is not authorized; he did mistakes and suffered but the personal accidental insurance that I was talking about gives coverage of any type of accident. I said that there are some differences with the benefits and conditions what SBI, HDFC ERGO and other are giving to the insured person, which matters here.
The definition what is using by the Insurance Company ..
“Accident - means a sudden, unforeseen and unexpected event caused by external, violent and visible means and resulting in physical bodily injury. “ and I never found any condition like the one who suffered with any bodily injury or anything due to any kind of negligence wont be able to get benefited.
Trespassing and injured by anyhow is also comes under "unforeseen, unexpected and sudden" injuries
From India, Gurgaon
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Yes, Mr. Arora, the Act only defines the term, but the precedents have ruled that accidents causing death by the negligence of the victim, and any personal efforts causing injury with knowledge, are also being ruled out as not an accident. You may refer to the link I had attached above.
And yes, Bhaskar, legally the case is not supported if the railway does not intend to release the body. As I had already informed, it all depends upon the voluntary interests of the parties whether to help the victim or not. One of the reasons why they avoid the legal consequences against them is that they cannot mention it as trespass if they release the body, as it is against railway rules. However, such releases of bodies have happened in India. The only reason behind that is the assurance of the victim not holding any proceeding taking advantage of it. Well, these cases are, of course, decade-old; nowadays, they are strict.
Anyways, try claiming from the insurance company. Luck by chance, we will not know their laws may differ.
Have a nice day.
From India, Bangalore
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And yes, Bhaskar, legally the case is not supported if the railway does not intend to release the body. As I had already informed, it all depends upon the voluntary interests of the parties whether to help the victim or not. One of the reasons why they avoid the legal consequences against them is that they cannot mention it as trespass if they release the body, as it is against railway rules. However, such releases of bodies have happened in India. The only reason behind that is the assurance of the victim not holding any proceeding taking advantage of it. Well, these cases are, of course, decade-old; nowadays, they are strict.
Anyways, try claiming from the insurance company. Luck by chance, we will not know their laws may differ.
Have a nice day.
From India, Bangalore
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