IOD

The firm specializes in Injury on duty Incidents at the Workplace:

The Compensation for Occupational Injuries and Diseases Act, 1993 as amended (Act no. 130 of 1993) applies to all employers; and casual and full-time workers who, as a result of a workplace accident or work-related disease: (1) are injured, disabled or killed, or (2) have become ill.


Mark has 12 years experience in assisting employees with their injury on duty claims against Workman’s Compensation. These type of claims consists of (1) physical injury claims where employees experience impairment/loss of function as a result of bodily injury, as well as (2) occupational illness/injury claims such as an exposure history to different materials/substances or by contracting Tuberculosis or Asthma in the workplace or a post traumatic stress disorder illness where employees were diagnosed with this mental disorder following exposure to an extreme, traumatic event or stressor as defined by the Act. An occupational injury is an injury caused by an accident arising out of and in the course and scope of an employee’s employment and resulting in a personal injury requiring medical aid or resulting in disability or even death.

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WHY IS IT NECESSARY TO INVOLVE AN ATTORNEY? 

  • Mark has the relevant experience to assist employees in order to make sure that the Act is applied correctly and according to the merits of each respective injury/illness.
  • That compensation is awarded from the correct starting date and according to the prescribed Act. It often happens that we must request the Compensation Fund to review their calculations due to the fact that they have determined compensation for permanent disablement on the incorrect medical report and/or according to the incorrect earnings of the employee.
  • The Compensation Fund is a State Organisation who deals with claims on a national basis, causing extreme backlogs at times. Mark has practical measures in place as well as a list of contact persons at the Compensation Fund with whom he can liaise directly, instead of working through a call centre. He also involves senior investigators at the Public Protector’s Office in Pretoria to assist him with the finalizing of claims.
  • It often happens that employers are unaware of the correct procedure to follow when reporting an injury on duty claim and this causes a delay in finalizing the claim. We can assist in this regard to ensure that the correct forms are completed and stamped by the employer and further that the forms are sent to the correct section at the Compensation Fund.
  • When a claim is repudiated we can apply the Act in order to lodge an objection against the decision of the Commissioner and if necessary engage in a tribunal hearing to protect the employee’s rights.
  • Mark visits the Compensation Fund and Office of the Public Protector in Pretoria on a regular basis in order to ensure the successful finalization of claims.