Injury on duty and the steps that should be followed by an employer

now last week Ian says checkpoint ran a

story about two workers who were injured

on the job and their lives destroyed now

the law stipulates that an employer must

launch a claim with the compensation

found within 12 days of an incident but

the employers of both table walk medulla

and almost failed to do so

the Labor Department has taken a keen

interest in their cases and the fund

will be initiating the claims to assist

the man for more on this I'm joined by a

compensation fund commissioner who your


good evening sir thanks very much for

your time perhaps take us through the

process very very briefly an employee

gets injured at work what should happen

when an employee gets injured at work

the first thing that needs to happen is

they need to report it to the employer

and this needs to be reported to the

employer as soon as they as soon as the

employer becomes a way of the incident

that has taken place he has about seven

days to make sure that they come to they

submit a notification of accident report

to the compensation fund and together

with that they would then need to send

the injured worker for medical treatment

as soon as the work has received medical

treatment we then need to get the first

medical report from the treating

practitioner submitted through the

employer so that we can then be able to

make a determination on the on whether

we accept liability for paying the claim

or not now as our program checkpoint

discovered and you subsequently did an

in local inspection at the two places of

employment none of what you say it

should happen actually happened in the

case of these two workers

you--you'll right we are none of these

happened because the players did not

report the incident and the workers also

went aware of the arise where an

employer does not register the the the

incident in such the instances they

would have had to have come to deliver

to the nearest Department of Labor

offices themselves to then notify us of

the of the accident so that we can then

send our inspectors

to the employer where they will then

compel the employer to register the

claim and in an event that the employer

fails to register the claim after the

inspector has visited along with the

enforcement processes that would have to

be initiated we then take it from there

and work with the injured worker to make

sure that the claim gets registered and

we can be able to assess the claim we

were able to establish why in these two

instances their employers didn't do what

they are supposed to do I think in both

instances is clear abdication of their

responsibilities there is no reason why

the employers are not averages what what

what could have been the reasons well

there is a the the court legislation by

itself there's some provisions that

somehow incentivizes impress not to

comply and register claims because we

have a provision in the law that says if

an employer keeps a safer working

environment that type of employer would

then qualify for rebates and reduced

levies that they would have to pay so in

an effort to try and score from getting

reduced rebates a lot of employers don't

register their claims and we come across

a number of these incidents from time to

time but do you in your system then take

that into account in other words

recognizing the fact that you give

employers an incentive to not report

these incident I'm not saying you're

doing this deliberately do you then

check what do you put what have you put

in place to ensure that there are no

unintended question I no no unintended

consequences as has been the case in

this particular instance that is why we

don't only wait for the employer to

register the claim one of the things

we're saying that if within seven days

the employer has not registered the

claim the worker himself himself needs

to come to come forward to the

compensation fund or to the nearest

Department of Labor office and inform us

of the incidents that has taken place

what have you what are you going to do

with these two well we have already


enforcement processes I think both

workplaces we have had our occupational

health and safety inspectors visiting

the the employers premises in fact with

one we've already issued contravention

notices and we are now preparing the

chief inspectors preparing the meta to

be handed over to the prosecuting

authorities so you're basically taking

them to court that's what we will be

doing to what end what do you hope to

achieve or what relief will you be

seeking well we that's non compliance so

that law they need to be dealt with

according to the latter law because they

have not complied with the occupational

health and safety legislation as well as

the compensation for occupational

injuries and diseases but concurrently

we're also now working with the

clearance with the with the injured

workers themselves to make sure that

their claims gets assessed we have

obtained to the information that the

employers failed to submit to us in both

the cases we are now working to make

sure that we can assess the claims and

they can get what's rightfully due to

them well I mean thanks to checkpoint we

know of Tabo and our Moses cases but

there could be many turbos and our mercy

is out there there's many of them that

is why we launched a campaign in at the

beginning of June where we call it the

last call campaign where we are calling

on all workers injured workers or any

other person who may have sustained

occupational injury or disease in the

workplace and the meta may have not been

reported or may have been reported but

the process was never completed because

of missing documentation that was never

submitted we've given people until the

end of August to submit to come forward

and submit this information so that we

can be able to assess their claims and

make a decision on these claims we are

hoping that will then attract a lot of

people that would come forward because

we do see these kind of cases from time

to time and we believe that this is

going to help many people who would not

have known what to do because the

employer has not complied with what they

needed to do now that's a call you've

made but have you ever done any research

or survey just even if it's just to


just how widespread this problem might

be but we haven't done a formal survey

all we've seen is from assessment of the

internal assessment of the kind of calls

we get through our call center and a lot

of the queries that we get from from

claimants and also when you look at we

actually investigated what are some of

the reasons that lead to delays in

processing claims in us also not dealing

with some of the claims and it mainly

deals with the fact that we don't get

all the information that we need to get

from the employers if they do report the

in claims at all we're also going to

give you thanks very much for coming

through via Moffitt ah who is a

commissioner for the Labor Department's

Compensation Fund thanks to our program