Injury on Duty (IOD)
We are well placed to assist our clients in claiming from the Department of Labour and the Compensation Fund for compensable workplace injuries and diseases in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993.
We have a team of consultants, attorneys and advocates who work tirelessly to make sure that the Department and the Fund adjudicate claims following the correct procedure and that the injured party receives the full amount of compensation to which he/she is entitled.
We pride ourselves in providing additional services to established medical institutions and service centres and aid in the collection of monies payable to employers of any size from the Department of Labour.
What do you need to know?
The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993, is the governing Act that deals with occupational injuries and diseases.
Anyone who employs one or more workers must register with the Compensation Fund and pay annual assessment fees; this enables the fund to make the payments necessary in terms of the act.
What procedure needs to be followed when reporting an IOD, the short of the long:
An accident must be reported when an employee meets with an accident arising out of and in the course of employment resulting in a personal injury for which medical treatment is required. The official form that needs to be completed is W.Cl 2 - Notice of Accident and Claim for Compensation. It is the employer's duty to submit the W.Cl 2 within a period of 7 days to the Compensation Commissioner. Note, it is an offence not to report an injury, even if you believe the alleged injury to be untrue.
After receiving and registering the claim, the Compensation Commissioners office should forward a postcard (W.Cl.55) to the employer. A claim number is provided on the W.Cl.55. This number should be used for all paperwork relating to a claim. It is also possible to check the claim numbers using www.labour.gov.za.
If the injury continues for a long time (prolonged absence), the medical practitioner must send a Progress Medical Report (W.Cl 5) to the Commissioner. The progress report should be submitted on a monthly basis until the condition is fully stabilised. This informs the Commissioner of how long the employee is off work. We propose the Employer keeps copies of these in order to simplify the re-claiming of monies paid by the Employer.
Once the medical practitioner handling the case is satisfied that the employee is fit for duty, the practitioner will issue a Final Medical Report (W.Cl 5), which must be sent to the Compensation Commissioner. i.e The employee is now fit for work / light duty or permanently disabled. * It is the medical practitioners responsibility to send this form to the Employer. Employers, ensure you get it from your employee or the practitioner. The Employer then submits it to the CF.
When the employee resumes work, a Resumption Report (W.Cl 6) must be completed and submitted to the Commissioner. This is important, as this will ensure that the Employer receive his monetary advances made to the employee whilst being booked off in terms of S47.
Employer and employee to keeps records of all forms.
The Employer and the payment criteria’s (S47):
If the employee is booked off due to an IOD for 4 days or longer, but less than 3 months, the employer must pay the injured employee at a rate of at least 75% of his earnings, from the first day, until the employee returns to work.
If the employee is booked off due to an IOD for a period longer than 3 months, the Employer pays the injured employee at a rate of at least 75% of the workers earnings, for the first 3 months (see this as paid leave). Once the 3 month period expires, the injured employee must claim his money from the CF.
NOTE: Those earnings are not only the basic salary of the worker. The earnings of the worker must be the remuneration that he or she receives from the employer including the following:
The value of any food or quarters or both supplied by the Employer;
Any overtime payment or other special remuneration in cash or in kind of regular nature or for work ordinarily performed;
Any other remuneration in cash or in kind to an employee by virtue of his/her contract of service, including commission, cost of living allowance, and incentive or other bonuses.
NOTE: The Employer is thus entitled to claim back those monies paid for from day 4 up until the end of the 3 month period (where the employee was booked of for such a period).
NB: There is no prescription with these matters, thus we can recover monies owed to Employer or employee going back beyond the 3 year period.
The COIDA works on the proviso of “at the discretion of the Compensation Commissioner”. This however does not make away with their statutory obligations.
Strömbeck Pieterse Attorneys is the leading law firm with regards to IOD claims, be it on behalf of the Employer and/or the employee.
At PCF Attorneys we are able to offer the Employer and/or employee the following:
We can ensure that your employee gets the necessary payment owed to him in respect of his injury by enforcing compliance from the CF.
We ensure that the Employer is refunded for any advances made to the employee within that 3 month period as mentioned above.
We can handle all your IOD matters on your behalf, eliminating the frustrations and complications experienced by the Employer
By means of court applications we can ensure compliances within any means of the Act.
At all times on-going consulting and advice.
We hope the above information was informative.
If you so wish, we are open to do a small presentation together with an evaluation on your company and the compliance of the COID Act.