Inside this issue...

- And just to confirm, here’s what the OHSA has to say…

Dear Reader,

It’s that time of the week again: I’ve picked the hottest question, from the last time I spoke to you, and the answer our consultant provided. This week’s question covers the tricky issue of IODs and subsequent compensation.

Just how long after an IOD must our company continue paying?

Question

I have an IOD query and would really appreciate it if you could assist me with it.
One of our drivers at the company was involved in a road accident on 12 November 2009. He had injuries to his neck and arm. The sick days he has taken as a result of these injuries exceeded three months some time ago.

We’ve had him on light duty ever since, and he recently underwent another operation because his condition hadn’t stabilised. I need to know whether we still pay him as we would for an IOD or not, seeing as we’ve already paid him for three months?

Answer

Thank you for asking such a common question. It’s good to see that employers are complying with the COID Act, but you must draw the line at some point. The legislation is clear and I confirmed this with the DoL. You only have to pay compensation for three months.

Since you’ve already paid compensation for three months, you don’t have to pay any more.

And just to confirm, here’s what the OHSA has to say…

Compensation for temporary total or partial disablement

“(3)(a) Notwithstanding section 29 the employer in whose service an employee is at the time of the accident shall be liable for the payment of the compensation referred to in subsection (1) for the first three months from the date of accident.”

For more information, read the following chapters in your Health and Safety Advisor:

C10: COID Fund: Registering, complying with and claiming compensation
I01: Incidents: Procedures to follow
I02: Incidents: Reporting them and claiming
I07: Incidents: Preventing them in the workplace

Stay safe,

Nadia Smith-Pisanti

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