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Question
Posted by: felicity | 2011/03/03

Injury on duty claim

I have an employee who 6 months ago fell while assisting a customer and injured her shoulder. She was off for a week. She then had a seizure while on duty (she''s an epileptic)and was off 2 weeks. She has hearing and balance problems for which she is under medical care. Yesterday she was assisting a customer and stepped backwards and fell over a display in the shop spraining her knee. She went for medical care at a cost of R2500.00 and they have booked her off for a week for a sprain. She is wanting the company to pay these medical costs as she feels it''s an injury on duty however I feel that the company shouldn''t be held liable for her not being vigilant and falling over a display which has been in the shop for nearly a year and she was fully aware that it is there. Do I have a claim to not pay these cost and I feel she is becoming a liability to the company with all the medical conditions she suffers.What options are available to me.

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Our expert says:
Expert ImageLabour lawyer

RE: INJURY ON DUTY

You must always envoke the COIDA legislation. a proper application form in terms of COIDA.

If you believe she is becoming a liability to the company then it is necesseary for you to get independent medical advice and if the medical advices is that the injury is long term and won't have a recovery then it is necessary to embark upon a process as laid down in Schedule 8 of the Labour relations Act.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

1
Our users say:
Posted by: Labour Lawyer | 2011/03/25

RE: INJURY ON DUTY

You must always envoke the COIDA legislation. a proper application form in terms of COIDA.

If you believe she is becoming a liability to the company then it is necesseary for you to get independent medical advice and if the medical advices is that the injury is long term and won't have a recovery then it is necessary to embark upon a process as laid down in Schedule 8 of the Labour relations Act.

Reply to Labour Lawyer

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