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.

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Medical Aid and Injury on Duty (IOD) Claims for Contractors and Employees

Medical Aid and Injury on Duty (IOD) Claims for Contractors and Employees Overview 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. Before further exploring medical aid and injury on duty (IOD) claims for contractors and employees, it is imperative to consider the differences between medical aid, workers’ compensation, and medical aid versus IODs.

Posted date: 7th Mar 2021
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Why a Contractor in South Africa must register for Worker’s Compensation?

Why a Contractor in South Africa must register for Worker’s Compensation Overview All employers, as per the Compensation for Occupational Injuries and Diseases Act, 130 (COIDA), must register for worker’s 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. The purpose of COIDA in South Africa is to provide employees under contract of employment with compulsory compensation, although there are a few exceptions, should death or personal injury occur during employment. This is one of the main reasons why a contractor in South Africa must register for worker’s compensation.  Events which are covered under COIDA include the following: Accidents which arise out of, and in, the course of the employment of the employee, which result in either injury, illness, or death. Specific occupational diseases which were contradicted in the workplace as result of exposure of the employee to certain agents or conditions found in the work environment, and Fatal cases where an employee has died as result of an incident or accident that occurred while they were on duty.

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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.

Posted date: 7th Mar 2021
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A Contractor s Health and Safety Responsibilities in South Africa - Part 4

A Contractor’s Health and Safety Responsibilities in South Africa – Part 4 Overview Each person in an organisation plays a vital part towards ensuring a healthy and safe working environment, even if it is the responsibility of the employer to provide such, the maintaining thereof is imperative for continuous health and safety compliance. A contractor’s health and safety responsibilities in South Africa is clear and concise, and it is also necessary to explore the rights that the client has along with the specific safety provisions and safety performance. Client’s Rights Inspections/Investigations The client, or their representing agent may, in any reasonable manner, observe as well as inspect the safety and accident prevention plan of the contractor

Posted date: 7th Mar 2021
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A Contractor s Health and Safety Responsibilities in South Africa - Part 3

A Contractor’s Health and Safety Responsibilities in South Africa – Part 3 Overview Employers appoint contractors for a variety of reasons and work to be conducted on a project. These contractors may also appoint other subcontractors for tasks that need to be done. In the hierarchy of project management, each participant has their duty towards ensuring that the workplace remains safe, healthy, and harm-free for all employees and visitors to the site. In this section, it is necessary to explore a contractor’s health and safety responsibilities in South Africa pertaining to the general safety obligations that they have, what must be done when an incident occurs, and the requirements where deliverables are concerned. General Obligations of a Contractor The contractor is tasked with the responsibility of ensuring that there is accident and worksite safety. This responsibility cannot be delegated to either subcontractors, suppliers, the client, or any other person. To this end, the contractor must:

Posted date: 7th Mar 2021
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A Contractor s Health and Safety Responsibilities in South Africa - Part 2

A Contractor’s Health and Safety Responsibilities in South Africa – Part 2 Overview Contractors have a responsibility towards health and safety in South Africa. It is imperative for both employers, contractors, and subcontractors to understand their role to ensure that a safe and healthy working environment exists. The following section explores a contractor’s health and safety responsibilities in South Africa, with special focus on the appointment of health and safety officers to assist in ensuring compliance, along with the parameters of their duties and the qualifications needed.

Posted date: 7th Mar 2021
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A Contractor s Health and Safety Responsibilities in South Africa - Part 1

Overview A contractor’s health and safety and responsibilities in South Africa may often overlap that of the employer, or client, however, there are distinct duties that the contractor must fulfill regarding health and safety in the workplace. The following section explores the duties and responsibilities that the contractor has, starting with health and safety and contractor-specific requirements. Health and Safety Requirements It is the duty of the contractor to ensure health and safety at the construction or work site. In addition, the contractor is also responsible in preparing a safety plan and for carrying it out. The employees of the contractor must maintain compliance with the health and safety plan throughout the duration of the project, with inspections a key element in daily inspections of contractor inspectors. Contractors must cooperate with officials of other agencies such as the government, who are vested with authority in enforcing requirements of the Occupational Health and Safety Act. Where required, the contractor must assist the government in preparing accident and fire reports, if applicable.

Posted date: 7th Mar 2021
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Must Contractors Register with Workman’s Compensation in South Africa

Must Contractors Register with Workman’s Compensation in South Africa? Overview The COID Act serves the purpose of providing compensation should disablement be caused by any occupational injuries and diseases, should these be sustained by employees during their employment. This also includes any death resulting from such injuries and diseases and it provides for matters that are therewith connected. Contractors who employ workers to perform work are considered Employers. For this reason, contractors must register with Workman’s Compensation in South Africa. To further elaborate on this, it is imperative to explore the considerations contained in COIDA.

Posted date: 28th Feb 2021
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