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Break a leg and claim from the Compensation for occupational injuries and diseases (COID)

by , 20 May 2013
We've had quite a few questions on the subject of workmen's compensation so I thought I'd share some of them with you. Some of these might even hit home for you and shed some light on your situation so read on!

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When does workmen's compensation cover travelling employees?

Question

  1. Does workmen's compensation cover employees travelling from home to another city by plane for work purposes?
  2. Are they covered even if they don't go straight to the place of work in the city they have travelled to? For example, they first go to the hotel or guest house?
  3. Is an employee covered while travelling from home to a business meeting at a supplier, en route to work?

Answer

  1. Yes, the employee will be covered as they are 'at work'. The final decision is with the Commissioner however. It's very seldom a claim isn't received because of uncertainty over whether the employee was 'at work'. On the employer's report form to the Commissioner you have to declare whether the incident was work-related or not. That 'tick' is usually what the Commissioner goes by.
  2. Yes, the employee will be covered as s/he is seen to be at work.
  3. Yes, the employee will be covered in case of any incident en route.

Corporate challenge injury... can we compensate?

Question

An employee (who's a contractor) participated in a corporate challenge, representing our company in the Championship League. She was injured at the event and tore her calf muscle. She sought medical attention and has a valid medical certificate for the days she was booked off. Her contract doesn't include benefits such as sick leave. She's come to work for fear of not being paid or the possibility of losing her job even though she clearly is unwell. Can we compensate her for the injury?

Answer

As per the COID Act, absenteeism due to a work related injury isn't deducted from an employee's normal sick leave. You must pay the employee in full during her absence as a result of the injury and the COID Commissioner will refund your company.

Who settles COID bills?

Question

  1. Who's responsible for making sure we've settled our COID bills?
  2. What about the returns of earnings payment? Is this a SHE responsibility?

Answer

There's no specific regulation as to whose responsibility this is. The employer should allocate the responsibility according to the company structure and delegation of responsibilities.

Didn't find the answers you were looking for? Then look in your Health and Safety Advisor to find out more. You'll find chapters on:

  • Incidents: Reporting them and claiming from the Compensation Fund
  • COID Registration and Tariffs
  • COID Your legal requirements as an employer


Stay safe

Kerusha Narothan

P.S. Remember you can also get your questions answered and answer other people's questions - all you have to do is register on the Health and Safety Club,  ts FREE

 

 

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