An injury at work is in itself an unpleasant experience but is also an experience that can hold consequences for both employer and employee. The Occupational Health and Saftey Act (“OHASA”) imposes a duty on the employer to provide a working environment that is safe and without risk to the health of its employees and in like fashion imposes a duty on the employee to take reasonable care of his health and safety while at work. Where such an injury occurs during the course of employment, the Compensation for Occupational Injury and Diseases Act (“COIDA”) makes provision for an employee to claim compensation for damages suffered, provided the correct procedure is followed.
All employers have a legislative duty to provide and maintain a working environment that is safe and without risk to the health of their employees. In order to fulfil this duty the employer must, amongst others, as far as is reasonably possible:
What happens then in the event that an employee is injured in the workplace?
The employee has a duty to:
In the unfortunate event that an employee suffers a personal injury, illness or death as a result of or during his service with his employer, such employee, or his dependants, has a right to claim compensation in terms of the COIDA from the Compensation Commissioner.
The same goes for an employee who suffers from any disease which originates from or is contracted in the course of his duties.
The procedure to follow in such circumstances is the following:
Unfortunately if the accident is attributable to the serious and wilful misconduct of the employee, compensation may not be paid in terms of COIDA unless the accident results in serious disablement or death and leaves a dependant who is wholly financially dependent upon him. In this case an exception may be made by the Compensation Commissioner.
If you have been injured at work and unsure as to what steps to take, make sure you talk to your employer, labour representative or a legal advisor to obtain the correct advice and guidance in submitting a claim for compensation.
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