24476

Search Questions:
General

As an OHS Online user, I often use casuals for work in my type of business. If one of these casuals is involved in an Injury on Duty (IOD), do I still have to report this?

Aha, casual workers, that's a good question! The answer is yes, you do! Your question, gives us an opportunity to see how legislation looks at this point. In this case, it is the Compensation for Occupational Injuries and Diseases Act, which defines who an employee is:

employee - means a person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer, whether the contract is express or implied, oral or in writing and whether the remuneration is calculated by time or by work done or is in cash or in kind and includes:

a/. a casual employee employed for the purpose of the employer's business 
b/. a director or member of a body corporate who has entered into a contract of service 
c/. a person provided by a labour broker against a payment to a client for the rendering of a service 
d/. in the case of a deceased employee, his dependents and in in the case of an employee who is a person under disability, a curator acting on behalf of that employee

This means that, casual workers and any other person mentioned above, are considered to be employees of the employer. So, if any of them are involved in an IOD, the same rules and conditions apply to the reporting, transporting and claims process.