Posted by: | 2018/02/16

Injury on duty

Good day I had an IOD April 2017. My foot got injured. I was booked off for two weeks from work, went back to the doctor, told him I had pain from my knee to hip, he told me he can’t do anything about that because I was brought in for an injury to my foot and not my knee and upper leg. I left it at that and went back to work. As the weeks and months passed the pain just got worse and at times I’m unable to walk or even stand without crutches. Every step I take is extremely painful. I don’t get enough sleep at night because of the pain. During these months I’ve been complaining to my manager about my leg, but he just told me I must go to my GP, there’s nothing they can do. I had to go to my GP almost every month, where I just gotten medication, which doesn’t help at all and a date to see a specialist in JULY 2018. I even asked my employer if they can give me a loan so that I can go to a private specialist, but I got offered no help at all. It’s now 10 months later since my IOD. Two weeks ago I had a meeting with my HR officer and he told me that they are going to request that my IOD case be reopened. I was also booked off from work for 3 months and was told that I’m going to get 75% of my salary. I was so surprised. I didn’t know they could do that. And why after all these months? Why didn’t they reopen the case 9 months ago when I was complaining of pain? I felt that my employer took advantage of the fact that I knew nothing about the COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT and that I just accepted what I was being told. And that they were negligent and they should have requested to reopen my IOD case months ago. A week ago the HR officer calls me and says that they’ve sent the form to reopen my case to the commissioner, but what bothers me is that I haven’t been examined by a doctor and I ask him my claim number, but it seems like he doesn’t want to give it to me. What I want to know is can a case be reopened without me being examined by a doctor? If no, must I go to the same doctor who examined me initially? Can I request that my employer puts it in writing that I’m going to receive 75 % of my salary for 3 months? Thanking you in advance for any advice you can offer

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Our expert says:
Expert ImageLabour lawyer
- 2018/02/21

If there was an injury on duty then there must be a claim against Workmen's Compensation. It is for the employer in fact to fill in the necessary details, and you should have got 75% of your salary for 3 months.

My suggestion is that you go to the Department of Labour and lodge a claim.

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.

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