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Thread: When is it an IOD and when is it an injury at work

  1. #1
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    When is it an IOD and when is it an injury at work

    Good day
    Please can you advise the classification,

    Scenario 1
    The receptionist goes upstairs to call ask her friend what time they were leaving as it was close to home time.
    She falls on the stairs. She reports the incident, but declines medical assistance at the time.
    The next morning she comes to work, but is in a state, her leg and ankle are terribly swollen and she is in a lot of pain.
    She is taken to casualty where she is bandaged, given crutches, medication and booked off for a week.
    Is this in fact and IOD?
    If it is, is it a lost time or a medical treatment?

    Scenario 2
    An employee with epilepsy, while working has an epileptic episode, falls flat on his face and cuts his lip open?
    Is it an IOD?

    Scenario 3
    An employee makes himself oats for breakfast (his own oats) in the microwave supplied by the employer. As he takes it out of the microwave it bubbles and he is burnt with hot oats?
    Is it an IOD?

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    Hi

    I am going to take a stab at answering it and Scenoria 2 and 3 are questions that we have asked ourselves in the workshop and are not sure that we are 100% correct.

    Scenario 1 - Is an IOD - Both lost time and medical - You only need to pay the employee 75% of wage while off.

    Scenario 2 - We feel that it is not an IOD as it was brought on by a previous condition that is not being correctly controlled/medicated by the person.We had a look at the Act and felt that it back us up,but have not had to test it.

    The Act states
    Special circumstances in which Director-General may refuse award
    26. If a right to compensation in terms of this Act arises owing to the death or
    disablement of an employee as a result of an accident, the Director-General may refuse
    to award the whole or a portion of such compensation and the Director-General, or, if
    authorized thereto by the Director-General, the employer individually liable or mutualassociation concerned, as the case may be, may also refuse to pay the whole or any
    portion of the cost of medical aid-
    (a) if the employee at any time represented to the employer or the Director-
    General, knowing the information to be false, that he was not then suffering
    from or had not previously suffered from a serious injury or occupational
    disease or any other serious disease, and such an accident was caused by, or
    the death resulted from or the disablement resulted from or was aggravated
    by, such injury or disease; or

    (b) if, in the opinion of the Director-General, the death was caused, or the
    disablement was caused, prolonged or aggravated, by the unreasonable
    refusal or wilful neglect of the employee to submit to medical aid in respect of
    any injury or disease, whether caused by the accident or existing before the
    accident.


    Scenario 3 - We always say that stupidity is not covered by IOD - If the employee does not take suitable care then he only has himself to blame. You could always take a chance and send him a letter that he was not wearing suitable protection equipment when working with hot liquids.He was therefore in wilful misconduct of the OHSA rules of the company .

    The Act states
    (3) (a) If an accident is attributable to the serious and wilful misconduct of the
    employee, no compensation shall be payable in terms of this Act, unless-
    (i) the accident results in serious disablement; or
    (ii) the employee dies in consequence thereof leaving a dependant wholly
    financially dependent upon him.


    I am interested to hear some different opinions on the above scenarios

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