A worker, while on the way to work, met with a train accident (due to trespassing 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?
Informing the Workmen Compensation Commissioner
Is it required to inform the Workmen Compensation Commissioner about the railway trespass accident of the worker?
Claiming from the GPA Policy
If we claim from the GPA Policy, shall we get the claim amount?
Regards
From India, Kumbakonam
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1189Informing the Workmen Compensation Commissioner
Is it required to inform the Workmen Compensation Commissioner about the railway trespass accident of the worker?
Claiming from the GPA Policy
If we claim from the GPA Policy, shall we get the claim amount?
Regards
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 offense. 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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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>
Regards,
From India, Bangalore
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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>
Regards,
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 to mind when we think about this kind of case.
Compensation Act and Employer's Responsibility
The first thing is that we can't avoid the Compensation Act that is applicable, and employers follow and take action according to what the rules and policy say. We know that anyone engaged for the purposes of the employer's business (at work/job) means who is at the premises, inside the gate of the company, at the site, and while working, met with an injury/accident, shall be entitled to compensation.
If an employee meets with any accident/injury arising out of and in the course of his employment, it means he is at work. However, if any employee is walking down to reach work, like in your query where the employee was still on the way to work and met with an accident, they are not eligible for compensation. But, as Mr. BSSV said, it also depends on the employer, although I don't think any employer can favor this.
Informing Workmen Compensation Commissioner
Second, regarding whether we inform the Workmen Compensation Commissioner about the railway trespass accident of the worker or not, well, there is no need to do that as this is completely a negligence of personal safety done by the individual and suffered because of it (as you said in your response or thread #3). Also, the Railway authority would never take responsibility and should not do that too.
Group Personal Accident (GPA) Insurance Scheme
On account of the Group Personal Accident (GPA) Insurance Scheme, if it is obtained, it is 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. This scheme provides coverage to employees around the clock, whether they are on the company's duty or not, at any location in India, which is like a normal Personal Accidental Insurance Policy.
Benefits under GPA also vary according to the policy provider, such as HDFC ERGO, which gives much different benefits to employees than SBI, Future Generali, and they are doing the same.
Regards,
From India, Gurgaon
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Compensation Act and Employer's Responsibility
The first thing is that we can't avoid the Compensation Act that is applicable, and employers follow and take action according to what the rules and policy say. We know that anyone engaged for the purposes of the employer's business (at work/job) means who is at the premises, inside the gate of the company, at the site, and while working, met with an injury/accident, shall be entitled to compensation.
If an employee meets with any accident/injury arising out of and in the course of his employment, it means he is at work. However, if any employee is walking down to reach work, like in your query where the employee was still on the way to work and met with an accident, they are not eligible for compensation. But, as Mr. BSSV said, it also depends on the employer, although I don't think any employer can favor this.
Informing Workmen Compensation Commissioner
Second, regarding whether we inform the Workmen Compensation Commissioner about the railway trespass accident of the worker or not, well, there is no need to do that as this is completely a negligence of personal safety done by the individual and suffered because of it (as you said in your response or thread #3). Also, the Railway authority would never take responsibility and should not do that too.
Group Personal Accident (GPA) Insurance Scheme
On account of the Group Personal Accident (GPA) Insurance Scheme, if it is obtained, it is 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. This scheme provides coverage to employees around the clock, whether they are on the company's duty or not, at any location in India, which is like a normal Personal Accidental Insurance Policy.
Benefits under GPA also vary according to the policy provider, such as HDFC ERGO, which gives much different benefits to employees than SBI, Future Generali, and they are doing the same.
Regards,
From India, Gurgaon
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Understanding GPA and Workmen's Compensation
The only thing GPA worries/demands is that it must be an "accident" caused by reasons over which humans have no control or contribution.
Regarding the employer agreeing to pay, yes, it is 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 a family that has already lost something valued. I have observed that employers do help such victims as far as possible and do something needful without violating any rules. The support of co-employees 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.
However, there are certain accidents where some employees involve themselves in illegal or immoral activities, or overstimulated emotions result in fights and cause death. Routine drunk driving practices causing accidents, or preexisting health conditions contributing to an accident that would not normally 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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The only thing GPA worries/demands is that it must be an "accident" caused by reasons over which humans have no control or contribution.
Regarding the employer agreeing to pay, yes, it is 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 a family that has already lost something valued. I have observed that employers do help such victims as far as possible and do something needful without violating any rules. The support of co-employees 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.
However, there are certain accidents where some employees involve themselves in illegal or immoral activities, or overstimulated emotions result in fights and cause death. Routine drunk driving practices causing accidents, or preexisting health conditions contributing to an accident that would not normally 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.
Regards,
From India, Kumbakonam
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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.
Regards,
From India, Kumbakonam
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Compensation Eligibility and Reporting for Workplace Accidents
A very good question, Mr. Bhaskar, and I agree with Mr. BSSV too. Well, there are two things that come to mind when we think about this kind of case.
First, we cannot ignore the Compensation Act that is applicable. The employer must follow and take action according to what the rules and policy state. We know that anyone engaged for the purposes of the employer's business (at work/job) — meaning who is at the premises, inside the gate of the company, at the site, and while working — and meets with an injury/accident, shall be entitled to compensation. If an employee meets with any accident/injury arising out of and in the course of his employment, it means he is at work. However, if an employee is walking down to reach work, like in your query where the employee was still on the way to work and met with an accident, they are not eligible for compensation. But, as Mr. BSSV said, it also depends on the employer, although I don't think any employer would favor this.
Second, regarding whether we inform the Workmen Compensation Commissioner about the railway trespass accident of the worker or not, there is no need to do that as this is completely a negligence of personal safety done by the individual and suffered because of it (as you mentioned in your response or thread #3). Also, the Railway authority would never take responsibility and should not do that either.
However, on account of the Group Personal Accident (GPA) Insurance Scheme, if it is obtained, it is a welfare measure formulated to insure employees against the consequences of personal accidents and provide appropriate relief to the affected employee or the nominees through an Insurance Cover. This scheme provides coverage to employees around the clock, whether they are on the company's duty or not, at any location in India, similar to a normal Personal Accidental Insurance Policy. Benefits under GPA also vary according to the policy provider, such as HDFC ERGO offering different benefits to employees than SBI or Future Generali, and they are doing the same.
Dear Mr. Anil, thank you for your response in this thread. As you said, I did not inform the WC Commissioner about the accident because it happened while he was on the way to duty in the morning hours. There is a foot overbridge available within 50 meters of the accident spot. He was supposed to come through that way only. Trespassing was not authorized and not safe either. The trespassing only endangered his life. Even in my Corporate Office, they argued in the same way as you have explained.
But the GPA also provides coverage only at the workspot and on natural death. This accident happened due to the gross negligence of the victim. Hence, the GPA compensation will not be available for the family of the victim.
From India, Kumbakonam
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A very good question, Mr. Bhaskar, and I agree with Mr. BSSV too. Well, there are two things that come to mind when we think about this kind of case.
First, we cannot ignore the Compensation Act that is applicable. The employer must follow and take action according to what the rules and policy state. We know that anyone engaged for the purposes of the employer's business (at work/job) — meaning who is at the premises, inside the gate of the company, at the site, and while working — and meets with an injury/accident, shall be entitled to compensation. If an employee meets with any accident/injury arising out of and in the course of his employment, it means he is at work. However, if an employee is walking down to reach work, like in your query where the employee was still on the way to work and met with an accident, they are not eligible for compensation. But, as Mr. BSSV said, it also depends on the employer, although I don't think any employer would favor this.
Second, regarding whether we inform the Workmen Compensation Commissioner about the railway trespass accident of the worker or not, there is no need to do that as this is completely a negligence of personal safety done by the individual and suffered because of it (as you mentioned in your response or thread #3). Also, the Railway authority would never take responsibility and should not do that either.
However, on account of the Group Personal Accident (GPA) Insurance Scheme, if it is obtained, it is a welfare measure formulated to insure employees against the consequences of personal accidents and provide appropriate relief to the affected employee or the nominees through an Insurance Cover. This scheme provides coverage to employees around the clock, whether they are on the company's duty or not, at any location in India, similar to a normal Personal Accidental Insurance Policy. Benefits under GPA also vary according to the policy provider, such as HDFC ERGO offering different benefits to employees than SBI or Future Generali, and they are doing the same.
Dear Mr. Anil, thank you for your response in this thread. As you said, I did not inform the WC Commissioner about the accident because it happened while he was on the way to duty in the morning hours. There is a foot overbridge available within 50 meters of the accident spot. He was supposed to come through that way only. Trespassing was not authorized and not safe either. The trespassing only endangered his life. Even in my Corporate Office, they argued in the same way as you have explained.
But the GPA also provides coverage only at the workspot and on natural death. This accident happened due to the gross negligence of the victim. Hence, the GPA compensation will not be available for the family of the victim.
From India, Kumbakonam
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Dear Sir, even though 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. 300,000/-. We have planned to give the FD receipt to the family, and the monthly interest will be 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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Definition of Accident in Insurance Terms
What definition of accident is the insurance company using in their T&Cs? And what does "accident" mean to us?
An accident is an accident, regardless of whether it is due to negligence or natural causes. I doubt the same terms specified in the GAP policy or by the insurance company can explain this. I understand that trespassing is not authorized; he made mistakes and suffered, but the personal accident insurance I was referring to provides coverage for any type of accident. I mentioned that there are some differences in the benefits and conditions offered by SBI, HDFC ERGO, and others to the insured person, which are important here.
Insurance Company Definition
The definition used by the insurance company is: "Accident - means a sudden, unforeseen, and unexpected event caused by external, violent, and visible means resulting in physical bodily injury." I have never found any condition stating that someone who suffered any bodily injury due to negligence would not be able to benefit.
Trespassing and getting injured in any way also falls under "unforeseen, unexpected, and sudden" injuries.
From India, Gurgaon
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What definition of accident is the insurance company using in their T&Cs? And what does "accident" mean to us?
An accident is an accident, regardless of whether it is due to negligence or natural causes. I doubt the same terms specified in the GAP policy or by the insurance company can explain this. I understand that trespassing is not authorized; he made mistakes and suffered, but the personal accident insurance I was referring to provides coverage for any type of accident. I mentioned that there are some differences in the benefits and conditions offered by SBI, HDFC ERGO, and others to the insured person, which are important here.
Insurance Company Definition
The definition used by the insurance company is: "Accident - means a sudden, unforeseen, and unexpected event caused by external, violent, and visible means resulting in physical bodily injury." I have never found any condition stating that someone who suffered any bodily injury due to negligence would not be able to benefit.
Trespassing and getting injured in any way also falls under "unforeseen, unexpected, and sudden" injuries.
From India, Gurgaon
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Yes, Mr. Arora, the Act only defines the term, but precedents have ruled that accidents causing death due to the negligence of the victim, and any personal efforts causing injury with knowledge, are also ruled out as not being accidents. 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 on the voluntary interests of the parties whether to help the victim or not. One of the reasons they avoid 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, decades 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 on the voluntary interests of the parties whether to help the victim or not. One of the reasons they avoid 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, decades 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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