Did you know: You can claim back compensation costs if your employee’s accident wasn’t your fault

Ashley Churchyard, Fsp Business, 03 Jun. 2014

Tags: compensation for occupational injury and disease act, coid, accident compensation, injury compensation, compensation claims

The Compensation for Occupational Injury and Disease Act (COIDA) and Compensation Fund are in place so your employees can’t sue your company for damages if they’re injured at work. They legally can’t do this; they can only claim compensation from the Compensation Fund.

But what happens if they have an injury because of a third party? It shouldn’t be your responsibility if the accident or injury didn’t happen because of your employee’s work.

That’s why today we want to introduce you to steps you can take so you and your employee don’t get left high and dry…

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Take these steps if a third party causes your employee’s injury 

The Health and Safety Advisor says you can take the following action if a third party causes your employee’s accident:
1. Your employee can still claim for injury compensation from COID and they can take legal action against the third party; and
2. Your company or the Director General (whoever paid the compensation), can also take the third party to court to claim back the money you paid for the compensation.
If you choose to take this action against a third party, there are some things you need to remember.
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Remember these three things if you take action against a third party who caused your employee’s accident

1. You won’t get any more money than what your employee got in accident compensation. This because the court will see the compensation as already paid;
2. The compensation claims includes medical assistance costs you already paid; and
3. You may not threaten your employee in any way that would result in him not getting his benefits. 
With this information, you and your employee can get the help you need to deal with the guilty third party. But you must always ensure your employee gets his benefits and the financial help he needs from the Compensation Fund.

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