Good Morning

How many emails have you received recently to petition against the toll roads in Johannesburg? I know I’ve got quite a few. On top of this, I’m sure you were shaking your head in dismay at the recent increase in petrol prices.

All this means is that it’s going to cost more for people to go to work! Many employers are creating the option for employees to work from home, even one or two days a week.

Great idea…but it comes with its own set of problems you must consider, as this subscriber found out.

Are employees who work at home covered by COIDA?

Question:

The company has recently implemented a policy which allows certain employees to work from home.

Should they sustain any injury while at home, will they be covered by the Workers Compensation Act?

Answer:

The Compensation for Occupational Injuries and Diseases Act (COIDA) provides a system of compensation for employees who are injured in work related accidents or who contract an occupational disease. An employee will only be entitled to compensation for injuries that occurred or diseases that are contracted in the course and scope of his employment with the employer, irrespective of where such injury occurs or where such disease is contracted.

Accordingly, where an employee injures himself while he’s at home but not while he’s acting in the course and scope of his employment, the employee won’t be entitled to compensation in terms of COIDA. If, however, he’s acting in the course and scope of his employment when he’s injured (i.e. the accident that results in injury occurs while the employee is performing duties that he’s contractually obliged to perform), the employee may be entitled to compensation in terms of COIDA.

You must take advantage of your added subscriber benefit!

Remember, as a subscriber to the Labour Law for Managers you can simply refer to the handbook to find out exactly what your health and safety obligations are. And don’t forget to take advantage of your added subscriber benefit of the labour helpdesk. The subscriber above got the answer he needed, and our experts can help you too!

If you're not a subscriber, find out here how easy it is to have access to all the practical labour law information you need, and of course the experts to answer your specific query.

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Until next time....

Kind Regards

Sarah-Jane Bosch
Managing Editor

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