Workmen's Compensation Fund
Each case decided on merit, even if PPE not used
Pretoria (SA) – Payments by the Workmen’s Compensation Fund for Injuries on Duty do not depend on compliance with using personal protective equipment. “Each case received by the Fund is considered on the merits of the claim,” said Melinda Visagie, Assistant Director, Claims Compensation – Private Employers, for the Fund.
“Where all the facts were not stated by the employer, the employer will be requested to submit a full report as to whether PPE was supplied and if the employee was not wearing such PPE, the reasons from the employee. An employee can however not be penalised if the PPE or the correct PPE was not supplied by the employer.
“Where an accident is attributable to the serious and wilful misconduct of an employee, Section 22 3(a) of the Act (not wearing any PPE), no compensation shall be paid, unless:
“The accident result in serious disablement, or the employee dies, leaving a dependant who is financially dependent upon him as at the time of the accident.
“There is also no prescription in the COID Act on the issuing of PPE or what the appropriate PPE is.”
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