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Your foreign employee is injured during a xenophobic attack at your premises. Will he be able to claim from COID?

by , 21 April 2015
Most xenophobic attacks are spontaneous, and could even happen on your premises.

Imagine if your employees attacked and injured one of your foreign employees while on duty. Do you know if COID will cover him?

Here are four questions you need to ask yourself to see if you can claim from this xenophobic attack...

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Your 1 527 health and safety duties as an employer

When was the last time you checked what disinfecting agents and cleaning materials your company uses?

Do you comply with the Hazardous Chemical Regulations?

There are over 1 500 items you must evaluate in your workplace according to the OHS Act and hundreds more from SABS 0400: National Building regulations.

Health and safety laws apply to EVERY company, if you have more than 20 employees you have even greater obligations.


What to ask yourself when dealing with COID and foreign employees

1. Is the employee working for you?
If the employee is either a permanent employee or on a contract, he is considered working for you. And in this instance, he is seen as working for you. And in this instance, COID will cover his injuries.

2. Is the employee working within the borders of South Africa?
In order to claim compensation for injury from COID, you must find out if COID will only cover him if he works within South Africa. There are certain situations where COID will still cover employees who work outside SA.

3. Was the employee on duty?
The employee can only claim compensation for incurring an injury whilst on duty. This means that COID will deny the claim if his attack was on your premises (whether inside the gates or outside), but wasn't on duty at the time.

So with the above in mind, and applying it to your foreign employees, you need to answer one more question…

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Discover how to get COID to award every incident your company claims for...


COID compensation when it comes to foreign nationals

4. Does your employee have a valid work permit?
If there comes a time when your foreign employees need to claim from COID, you need to make sure that you have the following document in place; a VALID work permit to be able to work within the borders of South Africa. Does he have one?

If he does COID will classify him as an employee. And it'll grant him compensation.

If not, he's an illegal immigrant and COID won't grant compensation for injury. The scary part is that for the latter you'll be liable for that cost of compensation and other prosecutions!

If you could answer 'yes' to all of these questions, then you are eligible to claim compensation from COID for this xenophobic attack.

For more information on how to claim from COID, have a look at The COID Compliance Guide.

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