[Question] IOD rights

[gordock]

Hi,

My mother fell and broke her foot and knee and and has been booked off work for a few weeks. She has been told that the time off work comes off her sick leave. Is this correct? As far as I know it should not be part of her sick leave. Can anyone help as I have looked on the www.labour.gov.za website and it wasn't really clear? Thanks in advance for any info.

[Dave A]

My mother fell and broke her foot and knee and and has been booked off work for a few weeks.

Was it an injury on duty?

(Yes, I saw the thread title but just want to make sure)

[Mike C]

Hi gordock, here are some notes that I made for myself at one stage concerning IOD's. I remember looking up all the info but can now no longer remember the source.

1. If the employee is booked off due to an IOD for 3 days or less, the Compensation Fund does not pay a cent. Therefore, the employer does not need to pay the injured employee any payment.

2. If the employee is booked off due to an IOD for 4 days or longer, but less than 3 months, the employer pays the injured employee at a rate of 75% of basic wages only, from day 1 until the employee returns to work.

3. If the employee is booked off due to an IOD for longer than 3 months, the employer pays the injured employee at a rate of 75% of basic wages, from day 1 for 3 months, and nothing thereafter. Once the 3-month period expires, the injured employee must claim his money from the Compensation Fund himself.

4. It is important to remember that if the employer pays their employees in full for the IOD, the long term cost to the company should be taken into consideration as it has been proved in practice, that where companies only pay as per regulations, their IOD rate is drastically reduced.

If you are unsure whether an incident is an IOD, submit your forms to the Commissioner and let them decide. The COID Act works on the proviso of “at the discretion of the Compensation Commissioner”.

It is important to know that it is illegal to pay for IOD’s from sick leave.

[gordock]

Hi guys sorry wasn't able to respond earlier. Yes she was injured at work.
Thanks for your comments I have told my Mom and she is a lot happier now.

All the best G