Zama worked for a delivery firm. On the 25 March 1997, on his way to drop off an order, he was involved in a motor accident. He suffered severe injuries in the accident. When he went back to work after being in hospital for 6 weeks his employer told him that there was no longer any work for him. It is now a year after the accident happened.

Zama still has not received any compensation. His employer has not paid him anything since the date of the accident.

What Does the Law Say?

Zama’s accident happened during the ‘course and scope of his duties’ so he is covered by the Compensation Fund.
(See: Who Can Claim Compensation from the Fund?)

The employer must report the accident to the Compensation Fund on FORM W.C.L. 2 as soon as it happens. The doctor must fill in FORM W.C.L. 4 after the first visit by the injured employee.
(See: Steps to Claim Disability)

An employer has to pay compensation (that he would normally receive from the commissioner) to the injured employee for the first 3 months from the date of the occupational injury. The Compensation Fund will repay the employer for the money that was paid.

The employer also owes Zama’s wages, notice pay and any outstanding leave pay. The employer should also have followed certain procedures to dismiss him, and have had a good reason to dismiss him.
(See: Notice; Dismissals)

What Can You Do?

• Zama can claim the first 3 months salary from his employer after suffering from the injury (the commissioner will repay this to the employer)
  
• You must find out from the compensation office whether the accident was reported by the employer. Telephone the compensation office and ask for the index officer. Give the name of the employee, the date of the accident and the name of the company. The officer will look it up on the index and will be able to tell you if the accident was reported or not. If it was reported, ask for the claim number.
  
  Or you can write a letter to the Compensation Commissioner, and include all the information mentioned in Model Letter to Compensation Commissioner Asking Whether the Accident Was Reported.
  
  Always include the claim number if you have it. Also include a completed FORM W.C.L.3 which will save the employee time if the accident has not been reported.
  (See: Compensation Form WCL3)

• If the employer did not report the accident, the Compensation Commissioner will send a W.C.L.3 form to you. The employee must complete this. The Compensation Commissioner will take action against the employer for not reporting the accident.
  
• If the accident was reported, send a letter to the Compensation Commissioner asking them why there has been such a long delay in paying out the compensation. Check that the commissioner has all the correct addresses.
  
  (See: Model Letter to Compensation Commissioner Asking for Reasons for the Delay in Paying)
  The Compensation Commissioner must tell you exactly what is causing the delay. They may ask you to send them a missing form or give them the correct address of the employee.
• You can try to get Zama’ wages, notice pay and any outstanding leave pay from the employer. If this is not successful, you can lodge a complaint with the Department of Labour.
  (See: Problem 2: Employee wants to claim notice pay and leave pay)
  
• Zama may have been unfairly dismissed and he should therefore take action against his employer. However, he has missed the deadline for lodging a dispute with the CCMA so he will have to apply for condonation in order to make a late application.
  (See: Problem 4: Dismissed Employee Wants the Job Back – How to Apply for Reinstatement or Compensation; Solving Disputes Under the LRA; Problem 18: Employee Is Injured on Duty and Loses the Job)