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 is 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 G P A Policy, shall we get the claim amount?
From India, Kumbakonam
1168Is he eligible for Workmen's Compensation as he is 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 G P A Policy, shall we get the claim amount?
From India, Kumbakonam
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 and if we enter the railway track it is mere trespass and it is a punishable offence. Here it is the part of the workman, a gross negligence of personal Safety.
From India, Kumbakonam
From India, Kumbakonam
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 that that is not an assured benefit. I need not explain you the principle of "Volunty non-fit injuria" and also where the victim is equally responsible for the act has no right to claim the damages from the other party, but the compensation only to the extent of the damage caused to him. As you have already explained that trespass being a punishable offense, in what way the law can support the victim other than of which he's assured of..... (employment laws considers 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.........
And regarding 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 then proving the trespass is not possible other than by railways, hence if you do nat have any claims against the railways then make sure it not mentioned as trespass in the reports and you can claim under the policy ...... for more details on GPA refer the link provided below...
http://gbic.co.in <link updated to site home>
From India, Bangalore
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 that that is not an assured benefit. I need not explain you the principle of "Volunty non-fit injuria" and also where the victim is equally responsible for the act has no right to claim the damages from the other party, but the compensation only to the extent of the damage caused to him. As you have already explained that trespass being a punishable offense, in what way the law can support the victim other than of which he's assured of..... (employment laws considers 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.........
And regarding 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 then proving the trespass is not possible other than by railways, hence if you do nat have any claims against the railways then make sure it not mentioned as trespass in the reports and you can claim under the policy ...... for more details on GPA refer the link provided below...
http://gbic.co.in <link updated to site home>
From India, Bangalore
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
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
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..... And regarding employer agreeing to pay, yeah quite difficult but certain claims are supported by the state so employer hardly have any objections as to it, yes compensation but not damages......... and 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 for which even the co-employees support also may be observed, if the employer is that strict who can never compromise on few thousands then there wont 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 over stimulated emotions resulting in fights and causing death, routine drunk and drive practices causing accidents, preexistence of health as an addition to the accident where in a normal case would not result in death, these matter are strictly never supported........
but the above, is a clear case of misfortune.......
From India, Bangalore
But yeah, there are certain accidents, where certain employees do involve in illegal or immoral activities, or over stimulated emotions resulting in fights and causing death, routine drunk and drive practices causing accidents, preexistence of health as an addition to the accident where in a normal case would not result in death, these matter are strictly never supported........
but the above, is a clear case of misfortune.......
From India, Bangalore
Dear Mr. BSSV
Thank you for responding my query.
I have some basic question which needs some reply.
Normally in case of Railway Trespass Accidental Death, the family of the deceased must pay the fine to the Railway for collecting the corpse, then only the body will be handed over to the family.
The Railway authorities have clearly refused about the railway compensation and the FIR is lodged only with Railway Police and for lodging FIR, the GRPF has taken the reference from the Station Master, who received the report from the Train Guard and none other. The Train Guard has given in his report as sudden trespass and hit by the train and the victim died. As the case is happened on railway track and not in the premises, the family of victim will not get any compensation (Insurance or WC) from the Company side.
For PF, EPS and EDLI, I will fill the form and send it for claiming. Of sure they will get the benefit from PF, EPS and EDLI. Except this the family will not get any compensation legally.
From India, Kumbakonam
Thank you for responding my query.
I have some basic question which needs some reply.
Normally in case of Railway Trespass Accidental Death, the family of the deceased must pay the fine to the Railway for collecting the corpse, then only the body will be handed over to the family.
The Railway authorities have clearly refused about the railway compensation and the FIR is lodged only with Railway Police and for lodging FIR, the GRPF has taken the reference from the Station Master, who received the report from the Train Guard and none other. The Train Guard has given in his report as sudden trespass and hit by the train and the victim died. As the case is happened on railway track and not in the premises, the family of victim will not get any compensation (Insurance or WC) from the Company side.
For PF, EPS and EDLI, I will fill the form and send it for claiming. Of sure they will get the benefit from PF, EPS and EDLI. Except this the family will not get any compensation legally.
From India, Kumbakonam
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
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
Dear Sir,
Eventhough his family will not get any compensation from insurance company or from our company, we are arranging some fund 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 in 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 to the family of the deceased.
Alongwith this money
From India, Kumbakonam
Eventhough his family will not get any compensation from insurance company or from our company, we are arranging some fund 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 in 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 to the family of the deceased.
Alongwith this money
From India, Kumbakonam
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
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
Yes Mr. Arora, The Act does only define the term, but the precedents have ruled the accidents causing death by the negligence of the Victim, any personal efforts causing injury with knowledge is also being ruled out as not an accident. You may refer the link I had attached above....
And, yes Bhaskar, legally the case is not supported is 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 reason why they to avoid the the legal consequences against them because they can not mention it trespass if they release the body as it is against railway rules, but such releases of bodies have happened India, only reason behind that is the assurance of the victim not holding any proceeding taking disadvantage of it, well these cases of course are decade old, now they are strict these days.....
Anyways, try claiming from the insurance company, luck by chance, we will not know there buy laws may differ.....
Have a nice day..........
From India, Bangalore
And, yes Bhaskar, legally the case is not supported is 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 reason why they to avoid the the legal consequences against them because they can not mention it trespass if they release the body as it is against railway rules, but such releases of bodies have happened India, only reason behind that is the assurance of the victim not holding any proceeding taking disadvantage of it, well these cases of course are decade old, now they are strict these days.....
Anyways, try claiming from the insurance company, luck by chance, we will not know there buy laws may differ.....
Have a nice day..........
From India, Bangalore
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