The Compensation for Occupational Injuries and Diseases Act (COIDA) in South Africa is crucial for managing workplace injuries and diseases in the beauty industry. It mandates employers to protect employees' rights, provide necessary medical care, and compensate them. Adhering to these obligations is essential for legal compliance and fostering a safe work environment. This article outlines key responsibilities, including reporting injuries effectively and supporting injured workers.
NOTICE OF ACCIDENT BY EMPLOYER TO COMMISSIONER
An employer shall within seven days after having received notice of an accident or having learned in some other way that an employee has met with an accident, report the accident to the commissioner in the prescribed manner (W.Cl.2 Form). An employer who fails to comply shall be guilty of an offence.
For easy reference, we have included the W.Cl.2 (Employer report of an accident) Form below.
WHAT NEEDS TO BE REPORTED
All accidents and diseases deemed to have arisen out of and in the course of the employment of an employee.
Accidents and Injuries
• All Accidents: Any accident that occurs in the course of and arising out of an employee’s employment must be reported. This includes slips, trips, falls, cuts, burns, and other physical injuries common in the beauty industry.
• Medical Expenses: Any accident or injury that results in the employee incurring medical expenses must be reported, regardless of the severity of the injury.
For the purposes of this section, an accident includes any injury reported by an employee to his employer, if the employee when reporting the injury alleges that it arose out of and in the course of his employment.
Occupational Diseases
• Diseases Arising from Employment: Any occupational disease deemed to have arisen out of and in the course of employment must be reported. This includes conditions such as dermatitis from chemical exposure or respiratory issues from inhaling dangerous fumes.
Disability
• Temporary Disability: Injuries or diseases that result in temporary disability, affecting the employee’s ability to work for a period, must be reported. This includes both partial and total temporary disabilities.
• Permanent Disability: Any injury or disease that causes permanent disability, whether partial or total, must be reported. This includes long-term impairments that affect the employee’s capacity to perform their job.
Fatalities
• Death: Any incident that results in the death of an employee must be reported immediately. This is a critical requirement to ensure that the deceased employee's dependents receive the appropriate compensation and support
If there is any uncertainty relating to an injury on duty, report the injury and submit the forms to the Commissioner, and let them decide. The COIDA works on the provision of “at the discretion of the Compensation Commissioner”.
SPECIAL CIRCUMSTANCES
Assault: If the injury was due to an assault, detailed questionnaires or reports must be filled out. These documents provide the Compensation Commissioner with comprehensive information about the incident, including:
i. Circumstances leading to the assault.
ii. Nature of the assault.
iii. Details of any witnesses.
iv. Medical reports related to injuries sustained from the assault.
v. Any police reports or legal actions taken.
Employment Status Documentation
W.Cl.14 Form: This form is required if the injured employee is no longer in the service of the employer. It includes:
vi. Employee's personal details.
vii. Date of termination of employment.
viii. Reasons for the termination.
ix. Confirmation that the injury or disease was reported and the claim was initiated while the employee was still employed. This form ensures that the compensation process can continue even after the employee has left the organisation, providing continuity and ensuring that the employee's rights are maintained.
OTHER DOCUMENTS THAT MAY BE REQUIRED WHEN REPORTING
Identification Documents
Valid Identity Document: This can include a South African Identity Card or Book. It is crucial to verify the employee's identity and ensure that the correct individual is being compensated.
Driver's License: This may be used as a supplementary form of identification. It can be particularly useful if the ID document is not available or for additional verification.
Passport: For employees who are foreign nationals, a valid passport is required. This helps verify their identity and citizenship.
Birth Certificate: In cases where the foreign national does not have a passport, a birth certificate can serve as a form of identification. This is particularly relevant for younger workers or in the absence of other ID documents.
Work Permit: This document verifies that the foreign national is legally permitted to work in South Africa. It is essential for confirming the legal employment status and ensuring compliance with immigration laws.
Employers are responsible for reporting injuries under the Compensation for Occupational Injuries and Diseases Act (COIDA). This ensures timely medical attention and compensation for injured employees, maintains legal compliance, and promotes a safe working environment. Adherence to COIDA's reporting obligations demonstrates a commitment to workplace safety and employee care, which is essential for a successful and ethical operation.
