What is an injury on duty?

It is an injury that happens while the employee is performing work-related duties, or activities required by the employer.

The following is not an injury on duty –

· getting injured whilst on way to employment.

· Getting injured after duty hours or not reported for duty yet (being late).

· Injury on premises of employee after hours without an instruction to be there.

The key considerations are: was the employee on duty and, was he/she performing work related duties?

WHAT MUST HAPPEN WHEN EMPLOYEE IS INJURED ON DUTY

Employee – to do:

Report the Injury: The employee must immediately report the injury to their employer (immediate supervisor, HR or
owner in smaller businesses).

Immediately, means within 24 hours of incident. If possible, follow it up with a voice note, whatsapp or email within
the same 24 hours.

Even the smallest injury must be reported. A twisted wrist, ankle or sudden sharp back pain can quickly escalate
into something serious.

Receive the IOD Form (Form W.CI.2): This form must be taken to a doctor and submitted back to the employer
within 7 days. Keep record of submitting it to the employer. This will prevent future disputes.

In order for the claim to be properly assessed, the employee must seek medical assistance. Take forms W.CI.2 and
W.CI.4 to the doctor. The doctor must complete certain sections of the injury documentation.

Summary:

· Report the injury within 24 hours.

· Get the W.CI.2 and W.CI.4 form from employer. The duty of completing the form is with the employer, but the
employee must take the documents to the doctor.

· Visit a doctor with the forms.

· Submit forms back to employer within 7days.

Employer – to do:

Provide any necessary support, such as transportation for medical care.

When injury is reported, note it down on employee’s file with date time and nature of incident. Complete the W.CI.2
form.

Hand the IOD Form (Form W.CI.2) to the employee.

The employer must submit the completed IOD forms to the Department of Labour within 7 days. These forms are
the Employer’s Report of an Accident (W.Cl.2) and additional medical reports from the doctor.

If the employee fails to return the forms, submit the W.CI.2 form anyway.

Summary:

· Provide assistance to the employee.

· Complete W.CI.2 form and hand to the employee, together with W,CI.4 form.

· Within 7 days of incident submit the form to the Department of Labour.

INJURY ON DUTY VERSUS SICK LEAVE

· If the injury is of such a nature that it is less than three days off duty, that is considered as sick leave (Section 22 of
COIDA ACT).

· For the 1st three months the employer must pay 75% of the normal salary of the employee and claim it back from
the Compensation fund.

· The period after the 3 months, the Fund will pay the employee.

· If the employee is incapacitated for longer than three months a medical incapacity hearing should be considered.