If your employee has an accident at work he can get compensation from COID. This is because he only had the accident while he's working for you.
But what happens if your employee's negligent at work and doesn't follow your procedures? If this causes an accident, can your employee still claim from COID? Does it still count as an injury on duty (IOD)? Do you still have to report it?
To help you handle this situation legally, I'm going to tell you exactly what COIDA says about your employee's negligent accident at work...
Here's what COIDA has to say about employee negligence accidents at work
If your employee causes his own accident through negligence, COID won't give him compensation. This is because the accident wasn't simply because of his employment, but his own actions.
But this doesn't mean there's no admin for you to deal with. It's a crime not to report an accident to COID.
You still have to report the accident to COID by sending in a W.CL.2 form. Include details of the accident to show it was your employee's fault. After that, it's up to the Compensation Commissioner to decide if your employee gets compensation.
If the accident leads to your employee's permanent disability, you need to send in a W.CL.4 (medical report) form. This must show your employee's degree of disability. If this is the case, he will still get compensation but the Commissioner can reduce the amount he'll get.
But that's not the only thing you have to do.
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Avoid getting your claims denied...
COID statistics show that the fund denies 80% of all claims outright!
For two reasons:
1. The employee either didn't report the claim properly.
2. Or the incident they reported is something the COID Fund doesn't cover.
By law you have to discipline your employee if his negligence causes an accident
You have to use your internal disciplinary procedures to discipline your employee for negligence.
According to the COID Compliance Guide
, you must report your employee's negligence to the DoL. They may take him to court if his actions hurt other people.
Then you need to send the Compensation Commissioner a copy of your disciplinary record.
But be warned, if your employee's negligence hurts other people, COIDA
doesn't protect you.
COIDA won't protect you from outside lawsuits if your employee's negligence hurts other people
According to skillsportal.co.za, if your employee causes an accident that injures visitors on your site, you're vicariously liable.
This means the people injured in the accident can sue you for damage claims.
stops employees suing you for damages but it doesn't stop other people from doing so.
For example, you're building a block of flats and an estate agent comes to take a look at them. While she's on site she walks past your employee who's on scaffolding without his safety harness. He slips and falls on top of her, breaking her leg.
Even though your employee was negligent, you're liable for his injuries and the other people's injuries .
You can reduce the chance of this happening by getting employees to anonymously report negligent colleagues. This way you can deal with rule breakers before they cause accidents.