When an injury occurs and it involves the employees of independent contractors, the client may think that the responsibility of the medical expenses in treating that employee along with any lost wages would be that of his employer, not the client who contracted the independent contractor with work. However, in numerous cases, the court may find that the responsibility lay with the client.
Blogs
SafetyWallet's Blog and Articles about Health and Safety compliance and other related topics.
Liability-Workmens Compensation when a Contractor/Employee is Injured
Who is liable for Workmens Compensation when a Contractor Employee is Injured on the Clients Premises – Client or Contractor?
A Short Health and Safety Guide for an Employer (Client) when building work must be done on the premises
Numerous clients, especially those who only occasionally need to have certain work done, are not experts in specialised tasks or work, and thus, for this reason, such clients employ contractors to conduct such tasks.
Although clients are not actively managing or supervising the work themselves, they play a substantial part in how the work will be carried out. Despite the size of the project, the client decides on the designer and the contractor to complete the task and how much capital, time, and resources are available.
When are Employers (Clients) responsible for Contractor’ and Subcontractors’ Health and Safety?
When are Employers (Clients) responsible for Contractor’ and Subcontractors’ Health and Safety?
Overview
Contractor projects often involve the use of contractors and subcontractors on most projects. Even though each contractor has a responsibility towards their own health and safety, it is imperative for employers to understand when they are responsible for contractor and subcontractor health and safety.
It is rare for an employer, or client, to only use a single contractor to handle everything. From scaffolding, excavations, groundworks, and even service connections, electrical and mechanical work, and numerous other tasks, subcontractors are often used to carry out certain packages of work as part of their specialisation.
What Responsibilities do Employers (Clients) and the Contractors Have with regards to Health and Safety?
What Responsibilities do Employers (Clients) and the Contractors Have with regards to Health and Safety?
Overview
Where the workplace is concerned, it is imperative to for all to understand what responsibilities employers (clients) and the contractors have with regards to health and safety. This applies throughout the contractor industry and responsibility lies within different elements of the design as well as build process. This includes both the clients as well as the main contractors to ensure that it is done effectively.
Contractors
Contractors have responsibilities in having to complete various areas of the project.
Medical Aid for COIDA/WCA when claiming for injuries on duty
Medical Aid for COIDA/WCA when claiming for injuries on duty
Overview
When claiming for injuries on duties, it is imperative that employers are familiar with the process involved with medical aid for COIDA/WCA, ensuring that they cannot be held liable for the medical costs involved with treatment of injured employees.
The Compensation Fund is administered by the Department of Labour in South Africa, also referred to as DOL, with the fund providing employees who are injured at work, or who become sick from diseases contracted at work, or who die as result of either, with compensation.
Headquartered in Pretoria, South Africa, the Compensation Fund is covered by the Compensation for Occupational Injuries and Diseases Act (1993) as well as the Compensation Fund for Occupational Injuries and Diseases Amendment Act (1997).
Further changes to the law which governs the Compensation Fund were adopted in 2020, ensuring that casual workers are also covered by this law.
Compensation may only be claimed by an employee should the injury or occupational illness has been assessed and declared as either ‘permanent disablement’, ‘temporary disablement’, or ‘temporary total disablement’.
According to law, all employers must register with the Compensation Fund and pay an annual assessment fee. The registration must include all employees on the payroll of the employer.
Employers are responsible for paying the Compensation Fund and therefore, employers may not deduct any fees from their employees to pay the Fund.
Medical Aid and Injury on Duty (IOD) Claims for Contractors and Employees
Injuries have the potential to arise from a variety of circumstances whether a fall at home, a motor vehicle accident, assault, or an injury which was sustained in the workplace. Medical aid is something that not all South Africans can afford and there are people who may have to depend on agencies such as the Compensation Commissioner or Workmen’s compensation, or the Road Accident Fund, to ensure that provision can be made for private medical care.
Why a Contractor in South Africa must register for Workers Compensation
All employers, as per the Compensation for Occupational Injuries and Diseases Act, 130 (COIDA), must register for workers compensation. Any employer who fails to do this, is guilty of a criminal offence.
As result of the implementation of COIDA, the general rights that employees had under common law in suing their employers for losses suffered while employed, have been removed.
As an employer in South Africa, do I need to Register for Workmen’s Compensation?
As an employer in South Africa, do I need to Register for Workmen’s Compensation?
Overview
To answer the question that many employers in South Africa ask regarding whether they need to register for workmen’s compensation, it is important to consider a few factors first.
Who is an Employer?
All persons who employ one or more employees are considered employers if they take part in business or farming activities, as according to the Compensation for Occupational Injuries and Diseases Act (COIDA).
The client is considered an employer when appointing a contractor to complete a task and therefore, a contractor is considered an employer as they also have employees working for them.