Legal Articles

Injury on duty is something that can happen to anyone, regardless of the type of working environment. Thankfully, you can claim compensation for occupational injuries and diseases by following the correct injury on duty claims procedure.

Our attorneys in Cape Town and Johannesburg provide professional legal assistance with the claims procedure, ensuring that you are adequately compensated.

Compensation for Occupational Injuries and Diseases

There are certain requirements that must be met in order to claim compensation for injury on duty. In some cases, it’s not possible to claim.

Who Can Claim Injury on Duty in South Africa?

The following people are eligible for compensation:

• Workers paid by a labour agency
• Permanent or casual workers who are injured or contracted a disease while working, training, or completing an apprenticeship
• Domestic workers in a boarding house
• Individuals who lost a family member who died on the job
• Apprentice or trainee farm workers

Who Can’t Claim Injury on Duty in South Africa?

The following people are not eligible for compensation:

• Members of the South African National Defense Force. There is a separate fund for these claims
• Outsourced employees
• Workers who work outside of the country for more than 12 months at a time
• Domestic workers employed in private homes
• Members of the South African Police Service. There is a separate fund for these claims

Correct Claiming Procedure

Injury on duty claims will only be paid if they are submitted correctly and on time. Claims will only be paid under the following circumstances:

• Due to your injury or illness, you are off from work for less than three days
• You refuse to have medical treatment
• The claim is made more than 12 months after the injury, death, or diagnosis of disease
• The injury/accident resulted from wrongdoing or negligence on your own behalf (unless you die or are seriously disabled)

Who Pays into the Workmen’s Compensation Fund?

Employers are responsible for paying into the Compensation Fund on a monthly basis. Employers are not allowed to deduct from employees’ wages as contributions to the fund.

Injury on Duty Claims Procedure South Africa

Successful compensation depends on you following the correct claims procedure. The following are steps of the claim procedure that must be followed:

1. You must inform your employer or supervisor of the injury or illness as soon as possible. Additionally, make note of any witnesses to the incident
2. Complete the WCL 2 Form which is the Notice of Accident and Claim for Compensation
3. Your employer reports the incident to the Compensation Commissioner by completing and submitting the WCL 3 From which is the Employer’s Report of Accident
4. Your employer is obliged to report a workplace injury or occupational disease within 7 days and 14 days respectively
5. Ensure that the details in the completed forms are accurate and correct
6. The doctor who attended to you must complete the WCL 4 Form within 14 days of seeing you and must compile a report with details of how serious the injury or disease is and how long you are likely to be off work for. The doctor sends this form to your employer who in turn submits it to the Compensation Commissioner
7. You will not need to pay for the doctor’s consultation. However, if you wish to have a second opinion, you will need to incur those costs
8. In order to inform the Commissioner of how long you’ll be off work, your attending doctor will need to complete and send the WCL 5 Form (progress report for injuries or illness that take a long time to heal) to the Commissioner once a month until your condition has stabilized
9. Once you have stabilized, your doctor will submit a final medical report stating whether you are fit to return to work or that you are permanently disabled. This form is sent to your employer who in turn will submit it to the Commissioner
10. If and when you return to work, your employer must complete and submit the WCL 6 resumption report to the Commissioner. The report must state that you have returned to work and include details of how much you were paid in compensation
11. You and your employer must keep copies of all forms completed and submitted

Once the initial doctor’s report has been submitted along with the incident report, the Commissioner will consider the claim and make a decision for compensation before allocating a claim number. The claim number will be used for all additional paperwork relating to your claim.

Should you disagree with the decision made by the Commissioner, you can appeal the decision within 90 days. You submit your appeal by completing from W929 and sending it to the Commissioner.

Van Deventer & Van Deventer Incorporated – Attorneys in Cape Town & Johannesburg

Successful claiming of compensation for workplace injury or disease depends on the correct claiming procedure being followed.

Our attorneys in Johannesburg and Cape Town provide expert legal advice in this regard. Contact us for more information.