In the previous sections we emphasized that Compensation for Occupational Injuries and Diseases Act of 1993(COIDA) provides for free medical treatment for injured employees who suffered occupational diseases however what does the Act says if the employer does not comply.
What is provided in the Act?
In terms of section 77 of the Compensation for Occupational Injuries and Diseases Act, the contributions by employees towards cost of medical treatment are prohibited;
- “An employer who demands or receives from an employee a contribution towards the cost of medical aid supplied or to be supplied in terms of the Act, shall be guilty of an offence.
- If an employer has been convicted of contravening subsection (1), the Director-General may in the prescribed form issue an order against that employer for the payment of the amount that section 61(2) and (3) shall then apply mutatis mutandis in respect of such order and amount.”
In a nutshell, COIDA provides that the employer cannot get away with their unfair Labour Practices in regards to deducting money from employees in respect of Medical costs incurred as a resulted from injury on duty.
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