Compensation for injury

By Drum Digital
10 March 2017

Recently we looked at what the law says about injuries at work (Injury on duty, 2 March). In this issue, we look at what processes need to be followed when making an injury on duty claim.

Recently we looked at what the law says about injuries at work (Injury on duty, 2 March). In this issue, we look at what processes need to be followed when making an injury on duty claim.

WHAT THE LAW SAYS

Employers who help employees involved in accidents should be familiar with injury on duty (IOD) and the Compensation for Occupational Injuries and Diseases Act (COIDA) claims processes.

According to the Labour Guide, the purpose of the COIDA is to make compensation available if an employee becomes disabled or dies as a result of injuries or a disease sustained on the job.

To find out which form is relevant for which industry or injury, visit labour.gov.za

WHO PAYS?

Employees are not responsible for medical costs for IOD, except if the employee requests a second opinion.

DIFFERENT CLAIMS

Employees in the mining and building industries must lodge claims with the relevant mutual associations.

Claims by employees working for individually-liable employers (the State, provincial and local authorities which have been exempt from making payments to the Compensation Fund) must be referred to the employer.

WHAT TO DO IF AN EMPLOYEE IS INJURED ON DUTY STEP 1

When an employee is injured on duty resulting in a personal injury that requires medical treatment, report the accident on a W.CL.3 (Notice of Accident and Claim for Compensation) form.

Written or verbal notice of an injury is to be given to the employer before the completion of a shift. The employer should make a list of all witnesses for the investigation of the incident.

It is the employer’s duty to complete and submit a W.Cl.2 (Employer’s Report of an Accident) form to the Compensation Commissioner within seven days (or within 14 days of finding out the worker has an occupational disease).

HOW TO COMPLETE A FORM

Part A on page one: provide full details, sign and date where indicated. Detach Part B of the form. Hand Part B to the employee and request him/her to hand it to the doctor.

In serious cases, hand this page to the emergency services personnel.

The employee making the claim must submit to a medical exam at a reasonable time and place nominated by the Commissioner or mutual association concerned. Make a certified copy of the employee’s ID.

A doctor must complete the W.Cl.4 (First Medical Report) form stating how serious the injury was and how long the employee is likely to be out of work.

The doctor sends the completed form to the employer. The employer sends the form with a certified copy of the employee’s ID and the W.Cl.4 form (if available) to the Compensation Commissioner.

STEP 2

Employer must receive a W.Cl.55 postcard from the COIDA office after the Commissioner obtains and registers the claim.

Use the W.Cl.55 reference for all communication hereafter.

A W.Cl.56 form will only be used by the COIDA when accountability is recognised by the Commissioner. If the worker objects the decision, they can appeal it within 90 days by submitting a W929 form to the Commissioner.

STEP 3

If the injury takes long to heal, a progress report must be submitted on a monthly basis until the patient/ employee fully recovers.

STEP 4

Once the doctor is satisfied that the employee is fit for duty or permanently disabled, they will send a W.Cl.5 (Final Medical Report) form to the employer who then sends it to the Commissioner.

STEP 5

When the employee resumes work, a W.Cl.6 (Resumption Report) form must be completed and submitted to the Commissioner.

Only after each form in each step has been submitted will the Commissioner make payment and close the case.

Find Love!

Men
Women