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Your employee is injured outside of South Africa. What should you do immediately?

by , 31 March 2015
There are many situations when your company's South African projects may expand into other countries as well.

But if your employee is injured outside of South Africa, do you know what steps you need follow?

Read on to discover the answer...

Here's what you must do if your employee is injured outside of South Africa

Firstly, in case your employee is injured while working outside of South Africa, remember that they're entitled to compensation just like they would be if the accident happened in South Africa. This is according to Section 23.1a of COIDA.

Note, this alsoapplies to employees doing temporary work outside of the country.

Keep in mind that 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). Thus, if you send your employee to work outside of South Africa for 12 months or longer (for continuous work), he isn't entitled to s compensation unless you have a written agreement between your  employee, your company and COID's Director General.

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What about when your business is located outside of South Africa? Does an employee still get compensation for a workplace injury

You should know that in case your business is based outside of South Africa, you must have a written agreement with COID that states compensation will be paid 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, if you've registered and paid your tariff for your business that's outside of South Africa, your employee is entitled to compensation if he's worked in South Africa for more than 12 months continuously and is injured while working for your business (Section 23.3b of COIDA).

In such an instance, here are the choices you have:

• If your employee is injured in the circumstances mentioned above, and you're registered for COID, he's entitled to compensation in terms of the law of South Africa; or
• He can claim for compensation in any other country (depending on their laws) instead of claiming in South Africa.

As a final note, keep in mind that you should give written notice to the Director General stating the law (country) under which the compensation is being claimed.

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