By Clive Massyn
The objective of Compensation for Occupational Injuries and Diseases Act no 61 of 1997 (COIDA) is to pay compensation out to an employee or his dependents, where, as a result of his activities in the work situation, he died or was partially or totally disabled or contracted an occupational disease. COIDA thus in effect acts as insurance in order to safeguarded the employer from any claims by an employee in this regard, as long as the employer has complied with the provisions of the Act.
COIDA requires all employers to register with the Compensation Commissioner. You do not however have to register if you employ a domestic worker
When an employee is involved in an accident, incident or a disease contracted at the workplace, the onus rests on the employer to notify the Commissioner thereof within 7 days after receiving notice of such accident, incident or disease from the employee or another person on behalf of the employee.
If an employer neglects to or deliberately fails report an injury that occurred or illness that was contracted at the workplace, he commits a criminal act. In terms of COIDA the employers will then be personally liable for compensation to the employee.
HOW TO CLAIM COMPENSATION
- When an injury occurs, and the employee must get outside medical treatment, part A page 1 of the Employers Report of an Accident (W.Cl.2) form must be completed. Detach "Part B" (an automatic copy of "Part A" page 1) by tearing it at the perforation, hand "Part B" to the employee and request him/her to hand it to the doctor/hospital concerned. In serious cases, "Part B" must be handed to the emergency services personnel who have responded to the emergency call.
- Subsequently the employer must obtain the First Medical Report (W.Cl.4) from the doctor.Form W.C1.2 together with the first medical report and a certified copy of the injured employee's ID document must be sent to the Compensation Commissioner.
- The Compensation Commissioner will send the employer a postcard (W.Cl.55), providing a claim number (reference number) which must be used on all correspondence relating to the matter.
- Once the Compensation Commissioner has considered the claim and only when liability is accepted for payment of all medical expenses etc, the employer will receive a postcard (W.Cl.56). Where this poscared is not issued, it means that the Compensation Commissioner does not accept liability for any payment. OHSA does not place an obligation on the employer to pay any medical expenses. If you elect to you could claim the expenses back once you have received this postcard.
- In cases of prolonged absence, a Progress Medical Report (W.Cl.5) form must be obtained monthly from the Doctor and submitted to the Commissioner as soon as it is obtained.
- Once the Doctor handling the case is satisfied that the employee is fit for duty, the doctor will issue a Final Medical Report (W.Cl.5), which must be sent to the Compensation Commissioner.
- When the employee resumes work, a Resumption Report (W.Cl.6) must be completed and submitted to the Commissioner.
Only once all of the forms have been submitted will the Compensation Commissioner make all of the payments and close the case.
If an employee is injured on duty and is sent for medical treatement, one of the following three payment will apply:
- If the employee is booked off due to an IOD for 3 days or less, the Compensation Fund does not pay a cent.
- If the employee is booked off due to an IOD for 4 days or longer, but less than 3 months, the employer pays the injured employee at a rate of 75% of basic wages only, from day 1 until the employee returns to work. The 75% can be claimed back for the Compensation Commissionr.
- If the employee is booked off due to an IOD for longer than 3 months, the employer pays the injured employee at a rate of 75% of basic wages, from day 1 for 3 months, and nothing thereafter. Once the 3 month period expires, the injured employee must claim his money from the Compensation Fund himself.
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