BUSINESS AND TRAINING
be paid for up to two years, from the date of the accident or the
diagnosis of the disease).
6. WHAT BENEFITS AM I ENTITLED TO?
The amount of compensation paid to you depends on how much
you were earning when you got injured or diagnosed. If you stopped
working by the time a disease is diagnosed, the compensation will
be worked out according to what you would have been earning.
7. WHAT STEPS MUST I TAKE TO CLAIM COMPENSATION?
1. Inform your supervisor or employer as soon as possible (verbally
or in writing). Make note of anyone who witnessed the accident.
2. The form that needs to be completed is WCL 2: Notice of
Accident and Claim for Compensation.
3. Your employer must then report the accident to the
Compensation Commissioner (even if they don’t believe your
story) by submitting Form WCL 3: Employer's Report of Accident.
4. The employer must report a workplace injury within seven
days or within 14 days of finding out that the worker has an
occupational disease.
5. The employee should check that all the details on the form
are correct.
6. Within 14 days of seeing the worker, the doctor must complete
form WCL 4, stating how serious the injury was and how long the
worker is likely to be off work. This is sent to the employer, who
sends it to the Commissioner.
7. You do not pay for the doctor's fees. But if you want a second
opinion, you will have to pay for this.
8. If the injury will take a long time to heal, the doctor must
send a progress report (WCL 5) to the Commissioner every
month until the condition is fully stabilised. This informs the
Commissioner of how long you’ll be off work.
9. Finally, the doctor must submit a final doctor's report (WCL 5),
stating either that you are fit to return to work, or that you are
permanently disabled. The doctor must send this form to the
employer, who sends it to the Commissioner.
10. When you return to work, your employer must send a resumption
report (WCL 6) to the Commissioner, stating that you are back at
work and how much you were paid in compensation.
11. Both you and your employer should keep copies of all the forms.
12. When the first doctor's report has been submitted with
the accident report, the Compensation Commissioner will
consider the claim and make a decision. A claim number
will also be allocated. This number should be used for all
paperwork relating to a claim.
13. If you disagree with the decision, you can appeal the decision
within 90 days by submitting form W929 to the Commissioner.
All forms that need to be submitted can be sent to:
Compensation Commissioner
PO Box 955
Pretoria
0001
November 2018 Volume 24 I Number 9
One thing you must never do, is file a false workers’
compensation claim or exaggerate your injuries. If you do, you
are committing fraud and could suffer criminal punishment.
8. WHO PAYS THE CLAIM?
The Compensation Commissioner is appointed to administer
the Fund and approves workers’ claims. The worker receives
money from the Fund and not from the employer.
BUT the employer has to pay the injured worker for the first
three months after the injury was sustained. The Compensation
Fund will refund the employer.
If the worker is off for more than three months, the
Compensation Commissioner takes over the monthly payments.
If the employer has insurance against workplace injuries,
then the insurance company will pay the compensation. In
these cases, claims are still made to and decided by the
Compensation Commissioner. PA
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