SCORPION ADVISES THAT EMPLOYER MUST COMPLY

THE FACTS

Pearl Bhengu from Joburg said she was injured at work on 8 January this year when she slipped, fell and broke her ankle. She was taken to hospital and her leg was placed in a plaster cast and booked off work.

She was to return for evaluation of the injury on 23 January.

On that day it was found that her ankle had not yet healed and her ankle was placed in another cast and she was booked off work again.

After seeing the doctor she went to her employer to provide the medical reports and her employer advised her that she won’t be paid if she doesn’t return to work.

She explained to her employer that as a chef she has to work standing up which will be difficult with the cast and her employer said she will work sitting in a chair.

She has returned to work being told she will not be paid if she doesn’t but wants to know what her recourse in this situation is.

WHAT I DID 

I discussed the complaint’s case with the Legal Advisor at Scorpion Legal Protection. 

SOLUTION 

Pearl has a right, in terms of the Compensation for Occupational Injuries and Diseases Act, to having the employer pay her 75% of her salary for three months from the date of her injury.

If she has not recovered after three months then the employer is no longer compelled to pay her but she can apply for temporary disability from the Compensation Fund.

At the moment, Pearl should return to her doctor for a re-examination and submit a medical certificate to her employer indicating that she is not fit to work.

If the employer does not pay her salary then she can approach the Department of Labour to compel her employer to comply with the Act.

If the employer fails to comply it can result in the employer being fined and being charged with non-compliance. 
Scorpion Legal clients have the peace of mind of just submitting their documents to Scorpion and their contracted partner, the Workers Compensation Assistance, lodges the claim with Workman’s Compensation and follows it up on their behalf.