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Who is responsible in South Africa when a contractor or their employee is injured on the employer's premises?
Responsibility for contractor or their employee injured on duty
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 them for the work. However, in numerous cases, the court may find that the responsibility lay with the client.
The aspect relating to who is responsible in South Africa when contractors or their employees are injured on the employer’s premises is therefore a crucial topic. There are a few factors which need to be discovered, in which the answer can be identified.
Gross Negligence and Contractor Safety
There is a vast number of instances when either independent contractors, or someone working for them, is injured on business premises of the client, and it is unclear who the legally responsible party is.
An exception can, however, be made where gross negligence is concerned and it resulted in, or contributed, to the injury. For instance, the client hires somebody to conduct repairs to the roof of a building and the client fails to inform them of structural weaknesses in the roof.
Should a worker walk along the roof and it collapses, the court is likely to find that the client’s failure to inform them of the structural weakness is grossly negligent. This can result in the client being held liable for the injuries of the worker.
Specific circumstances must be taken into consideration, the injured worker could be awarded punitive damages which is an amount exceeding medical expenses, unemployment reimbursement, along with pain and suffering, rewarded as a form of punishment to the client.
Independent Contractors
Should the client hire someone to perform work at the place of business such as trimming a tree, for instance, and they are in possession of a valid contractor’s license, the contractors may be considered legally responsible for injuries sustained by their workers.
It is therefore crucial that clients, when hiring someone, determine whether they have a valid and current contractors license. Should they merely claim that they have a license, and there is no proof of such, the client will not be absolved from responsibility.
Insurance of the Independent Contractor
Should the independent contractors have a valid and current contractor's license, the client may still be held liable for injuries to the them or someone that they employ, should the contractors not have insurance which covers bodily injuries as well as workers’ compensation for wages which may be lost as result of injuries or illness that led to disablement.
To ensure that the client is completely protected, the client must ensure that they have the necessary insurance which would also cover property damage as well as bodily injury which may be caused by the contractors and their workers.
Direction of Court Decisions
Court decision may further complicate the responsibility for injured workers hired by independent contractors. There have been cases where courts considered an injured worker’s claim despite the measures that the client had in place.
It is imperative for the client to ensure that the necessary documents are in place before they appoint independent contractors and before work is commenced.
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Comments (5)
I reported WCA on same day Doctor schedule appointments and blood-work now they are rejecting some of lab claim saying its past the period the cover the claim although doctor only close case after last blood-work they had to put me in prevention medications -this is why 3 sets of blood-work was done. The last claim they reject my employer is saying I am responsible for the account what is me to do about this I feel my support from my company working for them for +18 years is unfair just to past the bug to me? Please can you assist me how I can go about for WCA to take responsibility for the claim
2023-07-28 07:23:27Dear Elnore Thank you for your query via our comments... I have sent you an email, our COID Specialist will be in contact to give you the correct advise...
2023-07-31 09:54:52good day, Mr van Zyl independent electrician was at another company to fix some cables well he was busy an employee of that company was over the phone and got distracted then she dropped the cleaning machine on his hand and got injured. so who is responsible for medical expenses for the independent worker?
2024-04-03 17:58:27Good day Bushie An independent employee would be classified as a subcontractor. Subcontractors are expected to register with WCA as a Sole proprietor so that they get covered independently by WCA. However, if the subcontractor is not registered with WCA, he/she with his/her employees would be covered by the mandatory as if they are all the mandator's employees as per section 89 of the COID Act. A claim should be logged under the company the independent employee was working for. Employers should establish that subcontractors are registered with WCA before getting into the work agreements.
2024-04-04 08:52:36Good day Johann Slabbert i thank you so much. really appreciate your efforts.
2024-04-04 10:28:14It is therefore crucial that clients, when hiring someone, determine whether they have a valid and current contractors license.
2022-11-18 14:01:36Dear Aditya Thank you for your feedback in our comments, we do appreciate it... We refer to this as the Section 37.2 Mandatory Agreement, you can down a FREE template here: https://www.mysafetyshop.co.za/Products/Free-Download---Section-37-2-Agreement-Template
2022-11-21 10:30:40Hello there. I have been working 3 years for an electrical company under contract. Not even paying UIF. On the 3 April i was injured on duty almost lost my life .i was working under a senior person at a site in PMB. After he did the inspection on an electrical panel and carried out test to make sure it was switched OFF and was safe to work on . he gave me the go ahead to start work. HR now says it was negligent from my side that i got injured. How is this my fault. He was in charge and i had to take instructions from him. Unfortunately after many hours into the job i got injured the power switch ON while I was busy inside the panel. high amount of VOLTAGE entered my body. I am grateful to be alive. If that senior person had not been there on time to switch off i would have lost my life. I suffered electrical burns. I Had to be hospitalized for 2 weeks. I had to have surgery done on my left hand. I paid for my own medical treatment. HR requested that i give them all medical statements they will claim from IOD. I was told that i should be grateful that they are paying my weekly wages. According to the company HR when i sign the contract it states that if im injured or had to pass away on duty the company can not be held responsible and no one can hold the company accountable regarding any claims. Apparently they doing me a favour to claim IOD. All hospitals bill was emailed by my wife to the company. She requested the claims number to see if the case for IOD is active but she was denied that request. I was called in for a meeting on the 13 june.i was told that my contract came to an end in 6june. I was told that i need to come back to work as soon as possible like in fact the next day. I told them according to my surgeon i can only be at work by the 3 of July i am still recovering. If anything as to happen to my injuries while working whos going to be held accountable for medical treatment. I am still off from work until 3 July. I was told that they can not renew my contract cause they dnt have any lite work for me to do and i wont be any value to the company. I had pleaded with HR for him to let me sign a new contract when im back at work on the 3 July. I am currently recovering from my surgery. According to HR when im back at work they will check if Im capable to use my hand to be productive. I had to have surgery done on my left tumb. I can not move it. I got injured doing work for the company making money for them. HR had told me that they have a very good case and if its taken to the CCMA they will win. He bragged that he as won alot of cases. According to him once he produce a copy of my contract to CCMA they will dismiss the case. because i sign the contract. Please if someone can assist me What are my legal rights.
2023-06-18 13:56:09Good Day Pravesh Thank you for your comment via our website... I am truly sorry for what happened and your injuries, I wish you a speedy recovery... It is quite clear that you are dealing with a complex dispute with your employer regarding your IOD and your contract... Your IOD is regarded as a Section 24 and should also have been reported to Department of Employment and Labour - You would need to contact the Compensation Fund (WCA), have your claim number and ID at hand and follow up on your claim, you would also need to report the matter to Department of Employment and Labour, this needs to be done as soon as possible...
2023-06-19 07:25:32HI Question, if a delivery guy comes and deliver goods to the company, and you as the customer askes the delivery guy to take heavy stuff to the second floor via Stairs. Driver states its not his duty to assist of moving the goods just to deliver. But at the end does take the heavy goods up the stairs and falls on the steps and got injured. who is to 'blamed' of who is liable if medical expenses accrues. regards
2023-08-16 11:38:02Dear Mel Thank you for your query via our comments... The driver was quite correct when stating that this is not part of his work, so this case can go both ways, it will depend on a proper investigation and the court will decide who is liable...
2023-08-17 07:37:17