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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 (6)
An 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 08:38:18Im 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 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 07:41:59My 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