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Does injury on duty extend to training courses and external employee events that are outside of the usual working premises and hours? Scorpion Legal Protection answers this question posted by a follower on their Facebook page.
If you get injured, contract a disease or die as a result of a work-related injury or disease, you or your dependents can claim from the Compensation Fund. The Fund is covered by the Compensation for Occupational Injuries and Diseases Act (COIDA) and the Compensation for Occupational Injuries and Diseases Amendment Act. As long as the injury happens during the course and scope of your employment, you can claim for injury on duty – the injury doesn’t have to have happened on the actual work premises, employee events and training events also count as work. You can also claim if you get a disease due to your work, for example, mine workers who contract TB. Your dependents can claim if you die from the accident or disease.
Who can claim from the Fund?
In terms of section 22 of the Compensation for Occupational Diseases Act, all employees who are employed under a contract of service and receive wages or a salary on a weekly or monthly basis may claim compensation. Dependants of an employee who is fatally injured can also claim from the Compensation Fund.
You may not claim from the Fund if you are:
- A member of the South African National Defence Force
- A member of the South African Police Service
- An employee of the State performing military service or undergoing training in terms of the Defence Act
- An independent contractor
- An employee working outside of South Africa for more than 12 months at a time
The Fund pays compensation to permanent and casual workers, trainees and apprentices who are injured or contract a disease in the course of their work and lose income as a result.
When will the Fund reject your claim?
Compensation benefits will not be paid if:
- You reported the accident to your employer more than 12 months after the accident or death, or after the disease was diagnosed
- You are off work for three days or less
- The accident was a result of your own negligence or wrongdoing (unless you are seriously disabled or die in the accident, then the Fund will still pay compensation)
- You unreasonably refuse or wilfully neglect to have medical treatment
- Your injury was not caused in the course and scope of your employment, in other words, you provided false information to claim.
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* This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.
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