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 www.labourguide.co.za
"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