Occ health: Municipal workers COIDA and RAF

MUNICIPAL WORKERS (COMPENSATION OF OCCUPATIONAL INJURIES AND DISEASES ACT (COIDA) AND ROAD ACCIDENT FUND (RAF)

1) Injury while driving private vehicles is covered by COIDA, that is if driving is an inherent requirement of the job. Injury-on-duty (IOD) is covered under COIDA and injury off-duty is covered by RAF
2) COIDA pays until the condition of the employee is stable. Then payment stops. Thereafter COIDA determines and compensates permanent disability
3) COIDA does not pay for pain and suffering, RAF does
4) Injury due to negligence by the employer may be compensable under COIDA, especially if the condition is deemed to be serious. The criteria for seriousness is not defined
5) An official driver must be (a) driving the official municipality vehicle or driving his own vehicle, as part of inherent requirements of the job (b) be in possession of the municipality registration to drive that specific municipal vehicle (c) have the correct licensure for the vehicle as well as the driver (d) be in possession of the annual Private Driver’s Permit (PRDP), if passangers are to be transported (e) have the direct instruction and permission from the supervisor to use the vehicle (f) utilise the correct type of vehicle in the execution of their duties and travelling along the correct routes between destinations
6) If the shift stretches from 07h00 in the morning till 16h00 in the afternoon, then any injuries before or after those times can’t be compensated under COIDA, except if the employee was called out via telephone. Any injuries during lunch breaks (which does not form part of execution of duties) is not compensable under COIDA, once again depending on seriousness? Any injuries sustained during abscence-without-leave (AWOL) is not compensable under COIDA
7) Overtime can be compensable under COIDA as long as the injury took place after direct instruction of the supervisor. Fault or no-fault does not apply to COIDA. The moment the job is completed, the automatic coverage under COIDA falls away and cases will be evaluated according to merit, and according to seriousness of the injury
8) COIDA can only apply when the employee is injured during the execution of their official duties
9) Injuries due to Force Majeur (Act of God) are not covered by COIDA. They can however be covered if there is proof that the injury is related to their job description and in the execution of their duties during such a catastrophe
10) If an employee gets injured during actions related to no-permission of the supervisor, then such injuries are not compensable under COIDA
11) Employees that are injured during the performance of a citizen’s arrest or roadside assistance are not covered under COIDA
12) Injuries that take place outside the municipality’s borders are generally not covered by COIDA. Exceptions are when these injurues are sustained in the execution with their duties, in allignment with their job description and under direct supervision of their supervisors
13) Overseas trip accidents must be covered by external insurance mechanisms such as travel insurance. Injuries sustained en-route to the airport or en-route from, may be covered by COIDA
14) Minor IOD injuries may not be registered or deregistered by the IOD Adjudication Committee as first aid cases, (if the municipality is exempted to manage COIDA on their own account)
15) IOD injuries must be notified within 24 hours of sustaining the injury or on the first working day back at work after a weekend or after a public holiday. Occupational diseases can be notified indefinitely after a recognised exposure (if there is proof that the exposure has been confirmed and officially documented).