# Regulatory Compliance Category > Labour Relations and Legislation Forum >  Injury on duty, Workmens Compensation Claim

## SSS100

My truck had an accident on monday and the driver sustained minor injuries (bruises & soft tissue injuries per hospital medical report)
The driver was given 3 days off by the doctor.

Must I or the employee do a report to the Workmens Compensation for Injury on duty?
what forms to use? And what is the process?
I tried to call the Workmens Compensation call centre but waited/ on hold for too long

Please help

----------


## Martinco

Rather safe than sorry......complete an IOD form. If you do not have one ( Standard IOD form ) then get one from your local doctor.

----------


## Christel

> My truck had an accident on monday and the driver sustained minor injuries (bruises & soft tissue injuries per hospital medical report)
> The driver was given 3 days off by the doctor.
> 
> Must I or the employee do a report to the Workmens Compensation for Injury on duty?
> what forms to use? And what is the process?
> I tried to call the Workmens Compensation call centre but waited/ on hold for too long
> 
> Please help


Hi there,  It is the Employers responsibility to complete the forms.  
All forms can be downloaded from the DoL website:  www.labour.gov.za  (that is if you can get it to open!).  You can also read thru this:

What you must do when you are injured
1.	Report your injury /accident or disease at once to your employer or supervisor. Your employer is legally responsible for reporting your injury-on-duty, and for sending the necessary forms and documents to the Compensation Office. The Compensation Office will give you a claim number .This is important for you to have when dealing with the
Compensation Office.
2.	When you go to hospital or a doctor, you must take a form (W.Cl.2- PART B, employer's report of an accident) with you. This form is important as it contains your full names, all the correct information about your employer, and how you were injured. It also shows that you were injured at work so that you will not have to pay any money to the hospital or doctor. 

3.	When the doctor gives you your first and then your final (last) medical reports, you must give them to your employer who will send them to the Compensation Office. The First Medical Report (W.Cl.4) is important to the Compensation Office because the doctor has given a detailed clinical description of your injury. The Final Medical Report is also important because in it the doctor will say when you are fit to go back to work. You will be paid from the date of your accident until you are fit for work. The Compensation Office will not work on your compensation claim until they receive a copy of this report.

4.	Keep in touch with your employer and make sure that he/ she can contact you. If you change your address, tell your employer at once. This is because your compensation money, if any, will be sent to your employer's address. Keeping in contact with your employer is very important.

5.	If your employer does not co-operate or help you, or if you think your accident has not been reported to the Compensation Office, or if it is taking too long, go to the local Department of Labour and report this. 

D. Compensation you can expect
 Compensation is money paid by the Compensation Office to workers who are injured-on-duty to replace LOSS OF WAGES and /or to pay MEDICAL EXPENSES. 

If you are off work for less than four days you will not receive compensation for loss of wages. Medical expenses will be paid if the claim is reported and accepted.

----------

Dave A (23-Mar-12)

----------


## Rene02

How do you handle the leave side on your payroll? i.e. is it sick leave? I am always at a loss with handling this, there are a lot of conflicting stories. 1. is it 75% of the wages you pay your staff member, or full wages, or nothing? 2. What type of leave would it be?

----------


## Martinco

Yes, handled as sick leave and  full pay until his sick leave is exhausted, thereafter you can keep on paying him and if you are lucky, the WCF will reimburse you for the payment to the worker.
Just make sure that you complete the IOD form 100%.  They will be in contact with you to find out how much you paid him.
Please be patient...........it takes a long time for you to see your money.   :Frown: 

At least.....this is the way we have handled it in the past.

----------


## Calcha-Charmaine

Hi All, 

Unfortunately an Injury on Duty is not considered SICK LEAVE, nor is an employer able to take it as ANNUAL LEAVE, IOD leave is a entity on it's own and can not be deducted from any other leave. I have read all the comments here, and it should not be a case of if you are lucky the WCC will pay you what you paid the employee whilst off duty, at a rate of UP TO 75% it should happen as soon as your banking details have been submitted.

The Compensation Commissioner's offices no longer post cheques to employers or employees for injuries, all payment are handled via EFT, provided you have submitted your banking details on a W.As 33 form - Electronic Transfer of Funds Form.

Hope this helps, if you would like any further info, please forward a mail to info@calcha.za.org and we will be more than willing to assist where we can at no cost. 

Cheers, 

Charmaine Vorster

----------

