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Oh no! Jack broke his leg at your client's office! Here are your options when it comes to COID

by , 22 April 2014
Let's assume that you run a cleaning company. And you send Jack, one of your employees, to clean on your client's premises. While doing his work, Jack slips on the stairs and breaks his leg. Now you're wondering what your options are when it comes to Compensation for Occupational Injuries and Diseases Fund (COID). Read on to find out about the three things you CAN do if a third party is responsible for your employee's injury.


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Here are three things you can do about Jack's third party COID claim 

Let's look at what you'll need to do when Jack tells you he slipped on the stairs and broke his leg while working on your client's premises:

#1: You can claim compensation for Jack and sue your client for damages; or

#2: Jack can sue the client in civil court for damages; or

#3: The Director General can sue your client to recover the compensation paid for the injury or illness. (Make sure you report the injury so the Director General can take action).

The Health & Safety Advisor says you need to keep in mind that the court that awards recovery of damages will consider the compensation already paid out to the employee.

This means the amount for the claim for damages won't be more than the amount of damages your employee would've received.

For example, if the Commissioner pays R500 compensation to Jack, the courts will probably only award R500 for damages.

The courts seldom award more than what the Commissioner would've paid.

Also keep in mind that compensation that involves third parties includes the cost of medical assistance already incurred and any amount paid as a pension. For example, disability pay-out if Jack can no longer work. The pension may be a lump sum or periodic payments.



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The bottom line: If your employee is injured or contracts a disease but a third party (somebody other than your company) is liable, you have the right to take the three actions we've outlined above.

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