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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 (4)
What 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 08:38:18Im 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 MAV 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 07:41:59