Injury on Duty


Compensation for Occupational Injuries & Diseases Act

The COID Act (Compensation for Occupational Injuries and Diseases Act 130 of 1993), implemented by government, provides for the payment of compensation in the case of an employee's disablement as a result of work-based occupational injuries and diseases or death resulting from such injuries and diseases; and provides for related matters. See a detailed explanation of COID and Employer Registration.

Read the guidelines:

IOD Guidelines For The Employer

 

What employees should do about a workplace injury

Always report any incident/accident, even if there was no injury. Every employee should report an incident/accident as soon as possible to the supervisor/ manager/HOD, as well as to their H&S representative.

 

What is an Injury on Duty (IOD)?

In terms of the OHS Act, Section 24, an IOD results from an incident when the employee is on duty and dies, or becomes unconscious, suffers the loss of a limb / part of a limb, is otherwise injured or becomes ill to such a degree that s/he is either likely to die or likely to suffer a permanent physical defect, or is unable to work for 14 days or longer.

Compensation is governed by the COID Act (Compensation for Occupational Injuries and Diseases Act, 130 of 1993). In order to claim for compensation, the accident should "arise out of and in the course of an employee's employment... resulting in a personal injury, illness or death of the employee". This means that the employee was ON DUTY, doing a task that she/he was employed to do (part of his/her job description and scope of duty) at the time of the accident.

Who is an Employee?

According to the COID Act, an "employee" is "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 casual employee employed for the purpose of the employer's business; a director or member of a body corporate who has entered into a contract of service or of apprenticeship or learnership with the body corporate, in so far as he acts within the scope of his employment in terms of such contract; a person provided by a labour broker against payment to a client for the rendering of a service or the performance of work , and for which service or work such person is paid by the labour broker; in the case of a deceased employee, his dependants, and in the case of an employee who is a person under disability, a curator acting on behalf of that employee".

 

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