Employer's Duty to Report Workplace Injuries to Council and COIDA Expectations
In the realm of workplace safety and compensation, the reporting of injuries sustained on the job is a crucial aspect that involves both legal requirements and procedural obligations. One such scenario is when an employee suffers an injury on duty (IOD) and the question arises: must the employer report the injury to the council if covered by the Compensation for Occupational Injuries and Diseases Act (COIDA)?
COIDA Expectation:
Under COIDA, if an employee is booked off due to an IOD for a period exceeding three months, the employer is obligated to pay the injured employee a minimum of 75% of their earnings for the first three months. However, once this initial three-month period elapses, the injured employee must claim compensation from the Compensation Fund.
National Bargaining Council Sick Pay Fund (NBC SPF) Rule:
In addition to COIDA provisions, the National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare Industry has established the Sick Pay Fund (SPF). Administered by the Bargaining Council, this fund provides sick pay benefits to industry employees, allowing them to claim compensation for absences due to medical conditions, examinations, or procedures, subject to specific conditions and limitations. Contributions to the SPF are made by employers, employees, working employers, and legal owners, with the exact amounts determined through agreements between the involved parties. The process for initiating claims against the fund is clearly outlined, encompassing documentation requirements and adherence to specified timeframes.
FAQ: Must the employer inform the NBC about workplace injuries covered by COIDA?
Yes, according to the rules set forth, the employer is required to inform the National Bargaining Council when a member is absent from work due to injury. This obligation stems from the fact that the SPF, administered by the Bargaining Council, extends benefits to members for absences resulting from medical conditions, including injuries.
By promptly notifying the council of the member's injury-related absence, the employer ensures that the affected employee can avail themselves of sick pay benefits for the duration of their absence, in accordance with the stipulated conditions and limitations. Moreover, this reporting mechanism serves to uphold accurate record-keeping practices and facilitates the seamless processing of claims, thereby guaranteeing that members receive the entitled benefits under the SPF's provisions and offers the employer some relief in ensuring that it meets COIDA expectations for at least 33 days as per the provisions of the fund.
