Who Is To Blame If You’re Injured At Work?

Have you recently been injured at your place of work? Perhaps your equipment failed while you were using it, or you contracted an illness or disease from unhygienic work conditions. Perhaps you were not properly protected against a hazard of your work environment. Your injury would be your fault if you were behaving negligently or irresponsibly. However, in many cases a work-related injury happens due to circumstances beyond your control or responsibility. In most of these cases, the responsibility for your injury lies with your employer. It is the owner of the business or work premises’ responsibility to ensure reasonable and comprehensive safety measures are taken.

Who can claim compensation for work-related personal injuries?

Most workers can claim compensation for injuries or diseases attained while at work or as a direct cause of working conditions. Exceptions include members of the South African National Defence Force or the South African Police Services, domestic workers or outsourced employees. Employees working outside of South Africa for more than 12 months at a time also cannot claim compensation. Domestic workers are only unable to claim if they are employed by a private home. Domestic workers in boarding houses or working for businesses can still claim. You can claim if you were permanent or casual worker, an apprentice or trainee, or a labour agency worker. If a family member lost their life from a work-related injury or disease, you can also claim.

What can you claim?

Companies can be insured with the South African Compensation Fund or with a different insurance body. Pay-outs can differ with different insurance coverage, but in general, you can claim for loss of movement or use of body. You cannot claim for pain and trauma. There are five kinds of compensation; temporary disability, permanent disability, death, medical expenses, and additional compensation. Additional compensation includes increased compensation for certain cases of temporary or permanent disability. For legal advice or assistance with work-related injury claims, contact Paul du Plessis Attorneys. We handle cases from across South Africa with compassion and dedication. We are here to guide you through the process of claiming and to get your life back on track.

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