Inside this issue...

- Is your employee pulling a fast one?

- Do you know your first aid obligations?

Dear reader,

There’s been talk in the news of the upcoming Confederations’ Cup in July. I’m personally looking forward to seeing all the soccer champions (albeit from the comfort of my home and not the stadiums themselves).

Have you noticed how, if a team appears to be losing, the players begin flinging themselves all over the field (pretending injury) in an effort to win penalties? I know I’m generalising, but such underhanded tactics always get my goat, especially since most of the teams are actually talented and in no need of such deviousness!

As an employer, you need to be aware of similar tactics used in your workplace. An employee may injure himself and claim it as an injury on duty (IOD). BUT, even though you’re legally obliged to report it to the COID Commissioner, if your investigation finds him ineligible for compensation you can make recommendations... 

Can my employee claim for an IOD if I have evidence his injury didn’t occur at work?

Question
I have an employee who claims to have slipped and fallen due to a leak from the ceiling after it rained, on the 11th of November last year. This employee has a repaired fracture on his right hand from an incident on the 7th of July 2007 and backache from an injury he sustained on the 19th of June 2007. Neither of the two previous injuries is work-related. 

He claims the current IOD requires him to undergo a back operation. I have conducted an incident investigation where he was allegedly injured, in the same conditions (during a rainstorm) and there was no sign of leakages in the ceiling. I questioned his colleagues and they confirmed there’s no sign of water. They mentioned any water prints were from people coming from outside. The passage has glass tiles.

Do I have to report this matter as an IOD as it’s not clearly finalised based on investigation? What is your advice to finalise the case?

Answer
Comply with your obligations to report the incident. You should do so within 14 days of your employee reporting it to you (he had seven days after the incident to report it to you). It’s you who’ll lodge the claim on his behalf. You should make out an affidavit stating what you investigated and found, as well as your views on the matter if you are suspicious. You can also get other witnesses to contribute their testimony to an affidavit incorporating their evidence. You can then hand in the full set of documents with your version of events, to the authorities, so that they can decide on it.

Do you know your first aid obligations?

What if your employee really is injured on duty? You may need to treat him immediately. First aid is crucial: it can mean the difference between a minor injury and death!

If your company employs five or more employees, it must meet the minimum first aid requirements. You must take all reasonable steps to ensure employees receive prompt first aid.

Yours sincerely,
Lucelle Buchler
Editor-in-Chief