You may be aware that you are covered against injuries and accidents while at your workplace, but what happens if you’re injured in a road accident while on duty? Would the South African Compensation for Occupational Injuries and Diseases Act cover your accident or would it be in the hands of the Road Accident Fund? What is the nature of your work and job description that led you to be using the road while on duty?
Was your road accident a work-related injury?
If the road accident occurred while you were commuting to or from your place of work, it is most likely not covered by the COIDA, as you were not strictly on duty or at your workplace at the time. If, however, you were being transported by a vehicle provided free of charge by your employer, a road accident can be considered as a work-related injury and could be covered by the COIDA. Likewise, if you were driving a company car or doing deliveries or another aspect of your job description that involves road use, and on duty at the time, it would most often be classified as a work-related injury. In these cases, claiming against the RAF would not result in the RAF compensating you for any monies you are entitled to under the CIODA; rather, it would be more prudent for you to claim directly against your employer as part of the COIDA or the Labour Court. In any other situation not described above, a road accident while on duty would still be considered a road accident and you can claim against the RAF. For example, if you are self-employed, or your driving is not a part of your work duties, a road accident should be handled by the RAF and not considered a work-related injury.
Attorneys who can assist with RAF claims
If you were injured in a road accident, and do not think your situation would qualify as an injury while on duty, speak to an attorney for assistance. At Paul du Plessis Attorneys, we can examine your case free of charge and advise whether you should claim against the RAF and offer legal support throughout the procedure. For reliable, experienced and passionate legal services, contact Paul du Plessis Attorneys.