Dear Conviction,
I work in a casino, and on 15 May 2023, I slipped and fell while on duty. My colleague and I reported the incident twice, but the manager on duty ignored her.
Later, I reported it again to the Health and Safety Manager, who was at the branch. I would like to know if I still have a chance to sue my employer for violating my rights, as I was made to work the entire day until the nightshift staff arrived.
My injury was never reported to the Labour Department. The hospital sent my X-ray account to our HR department because they had requested a claim number from my employer, but my employer failed to respond. As a result, I am still owing the X-ray consultant fees. The hospital sent the invoice to the HR department, but they continued to ignore it. I escalated the matter to my union, and my branch manager promised the union that she would handle the issue, but that turned out to be a lie.
I reported the matter to the Workmen’s Compensation Fund and was assured that the Labour Department was still investigating. However, to this day, nothing has been done. I asked my branch manager to assist me by consulting our HR department so they could cover the cost of another doctor’s visit, as I am still unwell. She refused and told me to pay with my own money. Since 2023, I have been attending a public hospital, and to this day, I am still receiving treatment in the spine department.
Workplace injury compensation should be a guaranteed right, but my experience has shown otherwise. My rights were severely violated, first, by failing to report my injury on duty, and second, by refusing to pay for my X-ray bill despite my possession of a WCI2 form proving that it was an injury on duty. They failed me.
What pains me most is that I was not the only person who slipped and fell that day. A customer also slipped and fell in the same spot. Yet, they did nothing to assist her, not even to take her to a doctor. The only thing they gave her was a can of Coke.
Khomotso Makapane, a labour law expert, provided advice:
It is not clear from the query when the incident and employer’s conduct were referred to the Compensation Fund, given that the accident took place in May 2023. To this end, the next steps will largely depend on the timing of the claim.
As a general principle, the Compensation Fund provides compensation for workers who get hurt at work, or sick from diseases contracted at work, or for death because of these injuries or diseases. The Compensation Fund is governed by the Compensation for Occupational Injuries and Diseases Act (No 130 of 1993) (COIDA) and its amendment (No 61 of 1997).
An employee can claim from the Fund if they are injured in an accident that occurs while performing their work duties, these are called accidents that happen ‘in the course and scope of duty.’ However, claims must be made within 12 months of the accident, death, or disease diagnosis.
Employees who are injured or contract diseases while on the job must report the incident to their employer within seven days. The employer must then report the incident to the Compensation Fund within 14 days. If the employer fails to do so, the employee can submit a claim directly to the Compensation Fund. The Fund will then investigate the claim and determine whether compensation is payable.
The processing time for a claim varies depending on its complexity and the availability of supporting documentation. Generally, the Compensation Fund aims to process claims within 120 days of receiving all necessary information. If the Fund is not dealing with your claim, first ensure that you have provided all required documentation and reported the incident within the prescribed timeframe.
If the issue persists, you can file a complaint with the Compensation Commissioner, seek legal advice, and consider taking legal action against your employer if they are not fulfilling their obligations. You may also contact the Department of Labour, as they can assist with enforcing COIDA if the employer refuses to pay.
Under COIDA, employees are generally not permitted to sue their employer for work-related injuries or diseases. The Act provides a no-fault compensation system, meaning that employees are entitled to compensation regardless of who was at fault for the incident. However, exceptions exist in cases of intentional harm or gross negligence. Workers who are not covered by COIDA may be able to claim compensation through common law or other statutory schemes. Seeking legal advice is recommended to explore your options.
Makapane is a partner at Bowmans. He can be reached at kmakapane@icloud.com
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