What does the Act entails?
In terms of section 39 of the Compensation for Occupational Injuries and Diseases Act (COIDA) the Employer is ultimately liable to report the incident. Section 39 provides as follows:
(1) “Subject to the provisions of this section an employer shall within 7 days after having received notice of an accident or learned in some other way that an employee has met with an accident to the commissioner in a prescribed manner.
(6) An employer who fails to report or comply with subsection (1) shall be guilty of offence.
(8) An employer who fails to comply with subsection (2) shall be guilty of an offence and the Director-General may impose a fine of not more than the full amount of the compensation payable in respect of such accident upon him, her or it in addition to any other penalty to which he, she or it may be liable.” (Own Emphasis)
It is clear that Employers must report an accident arising from work, and if not, the Employer will be liable for the cost of the medical aid, any amount payable in terms of section 28,54(2) or 72(2) and, in the case of a pension, the capitalized value as determined by the Director-General of the pension, irrespective of whether a lump sum is at any time paid in lieu of the whole or a portion of such pension in terms of section 52 or 60, and periodical payments or allowance, as this may be.
In a nutshell, COIDA impose a duty on the Employer!
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