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Thread: IOD Help Required

  1. #1
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    IOD Help Required

    Hi All

    I was hit by a forklift at work in 2002 and sustained massive injuries. (The IOD was accepted)
    My case was reopened (2013) in order to treat problems related to the IOD. (Reopened for a period of 6 months starting from date of admission / surgery)
    My first operation was on 2013-05-28. There were complications and two more surgeries followed. I did not respond well to the treatment and my doctor ultimately declared me permanently disabled. The Final Medical Report was issued on 2013-11-22. I have not returned to work. My condition is stable -I am not receiving any active medical treatment - only prescribed painkillers.

    I am still waiting for the Commissioner to make his / her final decision and to close my case.

    My company paid me until recently but stopped without notice.
    My application to be boarded from work is still in progress but may take another 2 months to finalize.

    My surgeon indicated that further surgery may be required in future but not short term.

    My company informed me that I must "re"-apply to have my case re-opened and that they would then continue to pay me. I do not agree with this as my current case has not been closed by the commissioner and surgery is not required in the near future.

    Could you please guide me as to who is responsible for the payment of my salary while I must wait for the commissioner to make a final decision?
    Keep in mind that the 6 months that the Commissioner accepted responsibility for have expired. I was advised that the Commissioner may take another 8 - 12 weeks to make a final decision.
    How do I claim my salary? (The 75% that I am entitled to)

    As per

    "Payment criteria three:
    If the employee is booked off due to an IOD for a period longer than 3 months, the employer pays the injured employee at a rate of least 75% of the workers earnings, for the first 3 months.

    Once the 3 month period expires, the injured employee must claim his money from the Compensation Fund.

    If there is any uncertainty relating to an IOD, complete and submit the forms to the Commissioner and let them decide. The COIDA works on the proviso of “at the discretion of the Compensation Commissioner”."

    Thank you in advance

  2. #2
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    It is unclear if you worked pursuant to the first IOD issues. Also how long the company paid you for.
    From your excerpt, you may have answered your own question. The employer pays for the 3 months, thereafter the fund pays. In theory, the 3 months is to allow for salary while the admin process takes place. Also it takes account of the no work no pay issue that would arise.
    It sounds like you worked and now, due to the new treatment, you had to stop work, and have not returned since.
    It also sounds like the employer was paying you, therefore they have fulfilled the 3 mths payment.
    So the employer is now in a situation where the employee is not working but having to in theory pay the employee. Both parties are in a tough spot which the commission is supposed to simplify by stepping into the shoes of the employer. By sounds things employer is trying to assist but is stuck between the rock and hard place, they can't continue paying without work being performed.
    I'm guessing sick leave has been exhausted but perhaps you have annual leave.

    Clearly the employer also needs to 'dismiss' you for incapacity as well.

    I am going to suggest that you try get an attorney to assist. Seek out probono services if need be.

    The reason for this is that clearly you need a decision to be made. The commissioner is notorious, as per most government departments, for making decisions. (In kzn we had the shot policewoman who waited 8 years for payment to start. This was a case covered in the media, carte Blanche etc. Only after getting the minister involved dice eventually get payment.)
    You will also want to preempt a claim for future surgery to be covered. If there was negligence then you can also get more than 75% of salary.
    Anthony Sterne
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Dave A (04-Feb-14)

  4. #3
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    I worked for the company since 1994. I was at work in 2002, when the iod accident took place. I was still young and I've recovered to to a point where I could return to work. Because of my specific skills, I was transferred to a different "department" of the company. (Legally it is seen as two separate entities) but in reality it is the same company. I was even promoted to a manager. As predicted by my surgeon, long-term complications set in, which required treatment. These are the surgeries that took place last year. I did not respond well to the surgeries and developed further complications. The end result is being declared permanently unfit to work by my surgeon. My company continued to pay me until now. Since my post, I was advised that they would continue to pay me until the end of Feb 2014. Sick leave has been exhausted a long time ago and there is 30 days normal leave available. I was originally injured as a result of negligence. Thank you for your assistance - I really appreciate the help.

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