Action vital after injury on duty

2016-04-27 06:00

YOU are at work and get injured. It is during working hours and your injury occurs in the course of the execution of your duty as an employee.

All injuries on duty must be reported within 12 months from the date of the accident to the compensation commissioner.

  • There are two types of disability: Temporary disablity: When you cannot do your work as a result of the injury on duty, but your injury is of such a nature that you can resume your duties after a period of time. Temporary disablility can last for a period of up to 12 months.) Permanent disablility: When an employee will never be able to work after an injury on duty.

This is the case when a worker for instance loses the use of a hand, an eye, a foot or a leg.

The compensation commissioner will investigate the type of injury and determine whether a worker will be able to work again. This can range from 1% to 100% disability.

The first step is to determine if an employee is indeed an employee of the particular employer. A contract with the employer specifying the type of work which the worker has to do, as well as the salary payable to the employee, will serve as proof of the relationship between employer and employee.

A service contract can be written or verbal and is applicable to temporary and permanent employees, as well as workers who are under age.

Any person who employs one or more persons are obliged to register at the compensation commissioner and pay the annual fees.

Employees may not be forced to pay this compensation fees and the employer may not deduct such fees from the salaries of workers.

The time, date and place of the injury on duty must be determined to prove that it occurred during the service hours of the employee. An injury on duty can lead to a worker contracting an illness or injury.

All injuries or presumed injuries which entail medical expenses and that lead to absence of three days or more, must be reported within seven days to the compensation commissioner.

These injuries are regulated by the Compensation for Occupational Injuries and Diseases Act (Coida) of 1993.

According to the act, failure by the employer to report an injury can lead to charges against him or her by the compensation commissioner.

The employer can be held responsible for all medical expenses incurred as a result of the injury.

The correct procedure must be followed to claim from the compensation commissioner.

Part A of the W.C.1.2 form must be completed and the medical practitioner or hospital must complete part B of the form.

All completed documents and reports must be furnished to the compensation commissioner. A claim number will be allocated and the employer will be informed in writing of the number.

The employer is protected from cival claims if the correct procedures are followed.

Even in the case of negligence, the employer can be protected.

If the employee died as a result of the injury on duty the dependants of the employee can claim for compensation.

  • Source: Die Burger


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