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If you don't submit Terence's COID claim, he could take you to the CCMA

by , 12 December 2014
Picture this, it's a normal day at work and everyone is working hard. Suddenly, Terence falls of the scaffolding and breaks his leg.

You rush him to the doctor, who, after treating his leg, says he can't work for six weeks. This means Terence qualifies for compensation from COID.

You, as his employer, have a duty to submit his COID claim so he can get that compensation. But it's a busy time of year and you just keep saying 'I'll get round to it'.

As a result, Terence ends up losing out on his compensation and now he's taking you to the CCMA because of it.

Now you want to know what the CCMA will do to you in this case.

Read on to find out...

 

*********** Reader's choice  ***************
 
Do you know when to claim from COID? Shocking survey reveals 5 out of 7 managers don't! 
 
 
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Here's what the CCMA will do if you don't submit your employees COID claim

 
During the case of Rodney Allan v New Line Piping cc, the commissioner stated that the CCMA could arbitrate a case where an employer didn't claim for an injury on duty. But the CCMA can't enforce any particular punishment other than to tell you to fulfil your original obligation. 
 
The reason for this, according to labourguide.co.za, is because injury compensation loosely falls under the definition of 'benefits'. By not submitting your employee's claim, you're discriminating by not giving him access to those benefits. 
 
This means Terence could take you to the CCMA, but there's not much it could do. 
 
But this doesn't mean you're off the hook. If the DoL and Compensation Commissioner find out you didn't submit your employee's claim, they will take serious action. 
 
Here's what will happen if the DoL and Compensation Commissioner find out you didn't submit your employee's claim
 
The DoL and Commissioner will levy very hefty penalties if you don't fulfil your duty to submit your employee's claims. 
 
These penalties could range into the millions and they could force you to pay the compensation out of your own pocket. 
 
This means you'll lose even more money. And if you still don't pay they could take you to court and charge you with a criminal offence. 
 
These kinds of penalties could cripple your company's bottom line. 
 
Avoid this by simply by submitting your employee's claim correctly and on time.
 
Here's how.
 
*********** Hot off the press  ************
 
Do you have more than 20 employees?
 
Don't ignore this health and safety obligation or else!
The DoL will slap you with a R50 000 fine or 1 year in jail if you don't have a health and safety representative. 
 
 
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Here's how to submit your employees COID claim accurately and on time

 
You have to report your employee's accident to COID within seven days of the accident. Do this by submitting a W.CL. 2 (Injuries) or W.CL. 1 (Disease). 
 
Then you have to submit a W.CL 4 from your employee's doctor. This acts as a medical certificate or report. 
 
Once you receive a W.CL.55 from the Commissioner with your COID claim reference number submit the next set of documents. These include a W.CL.5 (progress report) that also comes from your employee's document and gives details of his current condition and whether he still needs more medical attention or not.
 
Complete this process correctly and on time to ensure the DoL and COID can't penalise you. And remember to keep copies of all these documents in case your employee accuses you of not submitting his claim. 
 
For more information on your legal obligations under COIDA, check out the COID Compliance Guide.
 


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