What should I do if my employer won't submit my Workmen's Compensation documents?

The long answer

As you probably know, Workmen’s Compensation is a compulsory form of insurance for which employers pay a yearly amount to provide wage replacement and payment of medical expenses when an employee is injured in the course of their duties. It falls under the Compensation for Occupational Injuries and Diseases Act (130 of 1993) or the COID Act. 

In terms of whether you should report it to the CCMA, labourguide.co.za gives the following categories for disputes with your employer that can be referred to the CCMA:

• Dismissal;

• Wages and working conditions;

• Workplace changes;

• Or, discrimination.

It’s not clear if the failure to complete Workmen’s Compensation documents for you would fall under discrimination, but the delay in reporting an accident or alleged accident is a criminal offence, and the Workmen’s Compensation Commissioner may rule that the employer may be fined an amount which could be the full amount of the claim.

Labourguide.co.za notes: “All occupational injuries or alleged occupational injuries that entail medical expenses and/or absence from work for more than three days must be reported within seven days in the prescribed manner.”

The employer must complete the Workmen’s Compensation documents even if he doesn’t believe that the injury was work-related.

• No payment is made for claims that are made more than 12 months after the accident or death, or more than 12 months after the disease is diagnosed;

• If a worker is off work for three days or less, this is not covered by the Compensation Fund. It may be covered by the worker's medical aid or sick fund;

• No payment is made if the worker's own misconduct caused the accident unless the worker was seriously disabled or died from the accident;

• There may be no payment if the worker unreasonably refuses to have medical treatment, for as long as the worker refuses.

If the employer refuses to complete and send the form, the worker or a representative may send a form directly to the Commissioner. 

This is the address:

Compensation Commissioner
P.O. Box 955
Pretoria
0001

From labourguide.co.za again: “If it was an accident, it is also useful to get a sworn statement from any witnesses. The Commissioner will instruct the employer to file in the right form. The worker or his/her representative should keep copies of the employer's report, and records of all evidence, witnesses and all notices sent to the Commissioner.”

So, I would say, based on the above, that you should send the form directly to the Commissioner if your injury caused you to be off work for more than three days or if you had to pay medical expenses, rather than go to the CCMA.

Wishing you the best,
Athalie