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Can my employee claim from COID if he injures himself outside of his working hours?

by , 28 May 2013
I got an interesting question this week from one of our readers about compensation for employees. Jack wanted to know if an employee is still covered by the COID Fund if his normal working hours are from 8am to 5pm but comes into work at 6am and gets injured.

Let's find out...


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Did you know that if you employ even one worker, you must comply with this legislation?

Did you know that if you hire contractors to work on your site or at your workplace that this legislation also applies to you?

If you don't comply with the COID Act you could end up facing criminal prosecution.

I have a solution that'll make sure you comply with all your COID obligations and have the correct paperwork in place!

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Is Jack's employee covered by the COID fund if he comes to work at 6am?

The employee's working hours are from 8am to 5pm but he gets to work at 6am and sits in his office reading or does his own personal things on the computer.

The question is, would this employee be covered if he was injured between 6am and 8am?

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Help! The DoL wants to shut my company down

The DoL called today, out of nowhere… They're arriving in 2 weeks for a health and safety inspection.

I don't have a SHE file and I've never had a risk assessment done on the premises.

The DoL said I could lose my business and face heavy penalties or even imprisonment if I don't pass the inspection.

What do I do?

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Here's what Nell Brown, our Health and Safety expert, had to say

If your employee comes to work early, does work he's employed to do and gets injured, then he'll be covered by the COID Fund. This is regardless of what time he was injured.

It's only if he was doing something completely unrelated to his work (between 6am and 8am) that the circumstances change a little. In this case, you'll have to report the injury and explain to the Compensation Commissioner in a letter what the employee was doing at the time (i.e. work or something unrelated). The claim will most likely be rejected, which the commissioner has a right to do.

When else is compensation not awarded?

Check out the Health and Safety Advisor to find out about the 4 situations in which compensation won't be awarded.

That's all from me this week.

Until next time,


Kerusha Narothan
Product Manager: Health and Safety Advisor

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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