-When-can-an-employer-be-held-legally-liable-for-a-contractor-or-employees-with-injuries-on-duty-Banner-1.jpg)
When can an employer be held legally liable for a contractor or employees with injuries on duty (IOD)?
Overview
Each participant in the workplace has certain responsibilities, the client, the contractor, and all employees. When an incident occurs, it may be unclear when the employer can be held legally liable for a contractor or employee where injury on duty (IOD) is concerned.
Who is the employee?
Any person who has entered an agreement or contract of service with an employer is considered an employee. The service contract can either be in writing, expressed, or implied. It also applies to all temporary, permanent, and underaged workers, as defined in Section 1 of the Compensation for Occupational Injuries and Diseases Act (COIDA)
Who is the employer?
This can be any person who appoints more than one employee. When a client appoints a contractor to conduct work on their premises, they are the contractor’s employer. The contractor that employs others under it to perform work is considered their direct employer.
What is an Occupational Injury or Accident?
It is considered an occurrence of which a date, time, and a place can be determined, arising out of, and during, an employee’s employment which resulted in personal injury. Such injuries are also referred to as injuries on duty, or IODs, and are specifically classified as such as they occur while the employee is performing their duties at work.
When can the client be held responsible for IODs of employees and contractors?
Should a contractor’s employee be injured, the general consensus would be that the medical expenses and lost wages be paid by their own employer, however, this is not always the case, and such liability can fall to the client in a number of cases.
Gross Negligence
Should an independent contractor, or someone in their employment, be injured on the premises of the client, it is not always clear who the responsible party is. However, there is an exception where gross negligence is concerned and as result of this, an injury occurred or it contributed to the injury.
Should the client employ an independent contractor to perform a task and they are aware of dangerous conditions that exist in the workplace, and the contractor’s employee is injured, the client will be liable as result of gross negligence in failing to inform the contractor of the unsafe conditions.
Contractor’s license
When a client appoints a contractor to carry out a specific task and the contractor can prove that they have a valid and current contractor’s license, they are legally responsible for the IOD. It is for this reason, when clients appoint contractors, that the contractors are licensed and can provide proof as their claim to a license will not absolve the client from responsibility.
Insurance
It is important that all employers who appoint employees register with the Compensation Commissioner within seven days of appointing their first employee. Both the client and the contractor, as employers, must ensure that they are registered and that their annual assessment fees are up to date, or they may be liable for the compensation of the injured.
How can SafetyWallet help Employers and Contractors’ Health and Safety Compliance?
In a world which is constantly changing, with new and stricter regulations, it is becoming increasingly difficult to always ensure full compliance. SafetyWallet helps and supports its subscribers despite the industry in which they operate or the number of employees and contractors under their responsibility.
With SafetyWallet and its partnership with MAKROSAFE and OHS Online, subscribers can ensure that they are a part in creating a safer, healthier, and more compliant working environment. To find out how you can ensure employers’ and contractor Health and Safety, click here.
Comments (11)
Good day, If an employee was injured at work, Booked off for a week and through the investigations (video evidence and statements) the injury was caused by the employee's disregard of safety measures meaning caused by the employee. Please assist with the following: 1. The employee must put in sick leave for the first three days as COID Act does not cover the first three days, correct? 2. The company will pay the employee 75% of their monthly salary for the 2 remaining working days out of the week (5 working days) the employee was booked off? 3. Can the company follow its disciplinary procedure in the case of the IOD as it was caused by the employee, as it is employee negligence? The company lost the service off the employee for a week, where this has a performance and monetary loss? Would appreciate you guidance.
2025-03-12 12:30:54An employee was hijacked while driving a company vehicle during working hours. Is this injury on duty?
2024-03-19 14:28:34Good day For an incident to be classified as "injury on duty," it must occur while the employee is engaged in activities related to the performance of their work duties or during work-approved activities. Driving a company vehicle during working hours typically falls within the scope of employment-related activities, thus meeting the criteria as an "injury on duty."
2024-03-20 07:44:48Good Day. On 25 March 2024 at around 12:30 pm I was on duty tracing plaintiffs in the Umlazi Township. Whilst my colleague was inside a house communicating with the resident to get additional info on the trace I was in the drivers seat of the Company Toyota Hilux Bakkie double cab with engine still running. 3 males approached the van, with all 3 loading their firearms & was told to jump into back seat. Went on a joy ride with all three guns at some point prodding against my head. Watch, cell & wallet cash gone. Later they released me "unharmed". Had to then walk back to find colleague in probably most dangerous part of Umlazi. Tracker was either not working or was disabled in minutes. Bakkie recovered 2 days later by SAPS, not the Tracker Company. Outcome could have easily been worse in many ways. From 25 March 2024 management treated this incident as an injury on duty. However today I was informed that because I wasn't "harmed" (shot, beaten up or thrown out of vehicle??) this incident is not an injury on duty. In terms of COIDA, is this a correct interpretation? Your thoughts?
2024-04-08 21:52:55Good day James. You've been through a harrowing experience, and it's understandable to be upset about the recent decision. Here's some guidance to help you navigate the situation: COIDA and Injury on Duty The Compensation for Occupational Injuries and Diseases Act (COIDA) offers compensation to employees injured or diseased in the course of work. While physical injuries are certainly covered, COIDA's definition of "injury" can be broader. Your Case and COIDA Psychological Trauma: Being threatened with firearms and robbed can cause significant psychological trauma. COIDA recognises psychological injuries. COIDA Claim: You have a strong case for an injury on duty claim under COIDA due to the psychological trauma. Next Steps Consult a Labour Lawyer: A lawyer specialising in labour law can best advise you on the specifics of your case and the best course of action. Gather Evidence: Document everything you can remember about the incident, including dates, times, details of the threats, and the aftermath. Police reports and any medical reports for psychological effects would be helpful. Hope this helps.
2024-04-09 07:31:30Thanks Johann for your advice. Much appreciated.
2024-04-09 12:15:40What happens if I as an employee gets injured while performing duties outside of my job description and contract? AND ALSO WAS NOT TRAINED FOR
2023-10-24 21:57:46Dear Thabo Thank you for your query via our comments... If you got injured while on duty even if it was outside your job description, you need to discuss the matter with your Supervisor and also revise the company policies, also keep in mind that you agreed to do the job... Your employer should still investigate and report to WCA if need be and precautions must be in place, like Risk Assessment and Control Measures...
2023-10-25 08:38:18Hi..I need advice.. I had a slip and fall at work, saw 3 drs whom all operated..when the 2years were nearing I asked for a reopen but the Dr said it takes years and they battle to get their money..he referred me to the state Dr where I am still being treated, they said I must go for a MRI in grooteskuur..still got problems and tremours in both hands no power in arms..battling to do my job..never got any compensation as yet..was always told im in a hurry.. got most of my medical reports..occupational therapist also said there's no more they can do .. Now my boss gave me papers to reopen WCA.. I see the dr on 20Feb 2025..I feel they trying to get me out...where will I get another job in my condition..I was just advised I stay on until 65 but boss seems to have other plans...how can I get compensation for my condition? And if WCA reopens will that help me to claim...please give me advice and who do i need help from..this is a shortened letter.. Thankyou Derek
2025-02-15 20:50:46if an incident or accident were to occur at a patrol station who should be held responsible or accountable
2024-07-31 18:56:00Hi Kwazi It would depend on exactly what happened, but normally the owner or person in charge of the petrol station holds the primary responsibility for ensuring safety and compliance with regulations. However, employees also have a role in following safety procedures and reporting hazards. In the event of an incident, immediate notification to the controlling authority is required, and the site must not be disturbed without proper authorization.
2024-08-01 09:26:05If a contractors employee was injured by a clients employee while working on the clients property, who is responsible for the wca claim and contractors employee lost wages?
2024-04-30 15:10:59Typically, it is the employer's responsibility to provide workers' compensation coverage for their employees. In this case, the contractor would generally be responsible for filing the WCA claim and covering the lost wages of their injured employee.
2024-05-01 19:50:17Im a depentend contracter and my right feet big nail come of and it went into swelling so now 2 toes must be amputated can i cliam from employer Regards Lourens Grundling
2022-08-26 17:06:18Dear Lourens Thank you for your comment... If you are registered with WCA, then you must put the claim via your own WCA... If not, then yes, you must claim via your employer... For assistance, kindly follow this link and process: https://www.mysafetyshop.co.za/Products/Reporting-and-Capturing-of-an-IOD---Section-24
2022-08-29 09:30:44This can be any person who appoints more than one employee. When a client appoints a contractor to conduct work on their premises, they are the contractor’s employer.
2022-11-18 13:58:21Dear Aditya Thank you for taking your time to read and reply to our blog... When employing a contractor, be sure to enter into a Section 37.2 Agreement, follow this link for a FREE download of the template: https://www.mysafetyshop.co.za/Products/Free-Download---Section-37-2-Agreement-Template
2022-11-21 10:44:57Hallo I got involved in an accident on duty idnt knew how m gna claim or I have to join the legal wise lawyers?
2023-04-09 21:11:27Hello Duncan Thank you for your query via our comments... You need to follow up with your employer... Your employer would have reported your IOD to WCA and your should get a claim number, you must then follow up with WCA...
2023-04-14 07:25:14At our company ,we have an employee contracted to clean I was on standby an I gave ghe cleaner lift to his place where he can get a taxi with the company vehicle. We got into an accident as we left the premises.We are used to giving him a lift without any consequence.He got slightly hurt.Who is responsible for his injury claims? Can the company put me through an enquiry because of the this?
2023-12-07 01:57:45Dear Heinrich Thank you for your query via our comments page... I am truly sorry to hear about your MVA, hopefully the injuries are not too bad and we wish a speedy recovery... If this MVA occurred during working hours and your responsibility was to transport workers, then WCA will cover this incident, you need to report it to your Supervisor and HR asap... If the MVA occurred out of working hours, then check your company Policies as well, but normally this MVA and injuries must then be claimed from the RAF... You must open a report at the Police station and submit an Affidavit with your claim to RAF plus all other required documents, ID, Drives License etc... I am not sure if your employer will hold you responsible, again you need to check your company policies and HR...
2023-12-08 07:41:59Good day Trust you are well. I would like to enquire about a situation that happened at work and the enployer states they dont work with IOD. My husband git injured by falling off a bin as the employer could not supply a ladder and he had to remove a shelf from the wall and the bucket slipped underneath him as the employer always tells them to make a pla to make things work. He severely hurt his back, knee and finger by the fall. He is regsitered by the BIBC as he is in the building indistry but the employer also does not pay the monies deducted from them over to the BIBC which at the end of the day is fraudulant as well. Please help and guide on this matter for clarity on the next step to be taken.
2024-10-22 19:57:16I'm sorry to hear about your husband's injury. It's important to address this situation carefully, as it involves workplace safety and potential legal implications. Here are some steps you can take to navigate this situation: Document Everything: Ensure that all details regarding the incident are documented. This includes the date, time, location, and circumstances of the fall, as well as any witnesses present. Take photographs of the area where the incident occurred, especially if it highlights the lack of safety equipment (like a ladder). Medical Attention: Ensure that your husband receives appropriate medical treatment for his injuries. Keep all medical records, bills, and reports, as these will be important for any claims or legal actions. Report the Incident: If the employer has not already been informed, report the incident to them in writing. This creates a formal record of the injury and the circumstances surrounding it. Consult the BIBC: Since your husband is registered with the Building Industry Bargaining Council (BIBC), contact them for guidance. They can provide information on the benefits and support available for injured workers, including how to address the employer's failure to pay contributions. Occupational Health and Safety Act: The employer has a legal obligation under the Occupational Health and Safety Act to provide a safe working environment. If they failed to provide necessary equipment (like a ladder) and encouraged unsafe practices, they may be liable for negligence. You can report this to the Department of Labour or the relevant health and safety authority. Compensation for Occupational Injuries and Diseases Act (COID): If your husband is injured at work, he may be entitled to compensation under the COID Act. Even if the employer claims they do not work with IOD, they are legally required to register with the Compensation Fund and pay the necessary contributions. You can file a claim for compensation through the Compensation Commissioner. Legal Advice: Given the complexity of the situation, it may be beneficial to consult with a legal professional who specializes in occupational health and safety or personal injury law. They can provide tailored advice based on the specifics of your case and help you understand your rights and options. Whistleblower Protections: If you feel that the employer is engaging in fraudulent activities (such as not paying BIBC contributions), you may want to report this to the relevant authorities. Whistleblower protections may apply, ensuring that you can report these issues without fear of retaliation. Follow Up: Keep track of all communications and follow up on any claims or reports made. Ensure that your husband receives the support and compensation he is entitled to.
2024-10-23 07:26:16My was involved in an incident, whereby her supervisor was attacked, stubbed by an inmate at workplace. They were issued will all documents including G111. She's suffering from PTSD as well as her leftarm sustained some injuries and is currently been treated by physiotherapy. Suddenly employed is threatening her to came back to work, whilst she's off sick booked by Psychiatrist. She got also claim nr from DEPARTMENT OF LOBOUR.
2024-02-07 12:50:53Good day. I'm very sorry to hear about the traumatic incident your friend experienced at work. Given the complexity of her situation and the apparent pressure from her employer, it might be advisable for her to seek legal advice or representation. This could be from a labour lawyer or a relevant workers' union. They can provide guidance specific to her circumstances, including her rights regarding sick leave, the process of claiming from COIDA, and what constitutes unfair treatment or unfair dismissal in her case.
2024-02-08 08:05:57