Here's what the Commissioner will look for when considering your claim
1. If the injury happened while the employee was in your employment;
2. If your employee wasn't behaving according to any applicable law (e.g. not wearing personal protective equipment (PPE));
3. If your employee was obeying an instruction given by you, the employer (e.g. to use a machine without being trained to)
4. If your employee was acting without an instruction or order from you (e.g. you gave no instruction and your worker did what he thought was best); and
5. If your employee was acting in the best interests of the business (e.g. your instruction was to save time and money without considering the harm to your worker).
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3 Tips to get your employees to comply with health and safety laws
Employees think that safety is something "management' must do. They're wrong. Employees also have duties to comply with the OHS Act.
It's your responsibility to make sure your employees comply. Don't know how to do it?
Do you know who's liable for paying accident compensation to your employee?
Note that if your employee is entitled to compensation, the COID
Director General, you, the employer, or a mutual association will be liable for paying compensation to your employee (Section 29 of COIDA). This is a decision made by the Director General after evaluating the circumstances of the claim.
Here's what to do if your employee is injured outside of South Africa?
Know that if your employee is injured while working outside of South Africa, he's entitled to compensation as if the accident happened in South Africa (Section 23.1a of COIDA). This applies to temporary work outside of the country.
The compensation paid by the Commissioner will be based on the earnings your employee would've received while working in South Africa (Section 23.1b of COIDA).
Important note! If you send your employee to work outside of South Africa for 12 months or longer (for continuous work), he isn't entitled to this compensation unless you have an agreement between your employee, your company and the COID Director General in writing (Section 23.1c of COIDA).
If your business is based outside of South Africa, get a written agreement with COID for compensation for your employees. If you haven't registered with COID or paid your tariffs, your employee won't be compensated if he's injured.
Also, in case you've registered and paid your tariff for your business that's outside of South Africa, you should know that your employee is entitled to compensation if he has worked in South Africa for more than 12 months continuously and is injured while working for your business (Section 23.3b of COIDA).