Motor Vehicle Accidents > Motor Vehicle Accidents During the Course and Scope of Your Employment
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Motor Vehicle Accidents During the Course and Scope of Your Employment

If a motor vehicle accident happens while you are doing your job, then you can get compensation in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA). But if you are injured in a motor vehicle accident caused by someone else’s negligent or unlawful driving, even if this is during his or her employment duties, then you can also lodge a third party claim with the Road Accident Fund. The money that you receive from the COIDA will be deducted from the third party payment. For example, if the RAF agrees to pay damages of R15 000, but the COIDA has already paid R10 000, then you will only get R5 000 damages from the Fund.

(See: Third Party Claims)

Note: COIDA says you cannot sue your employer for damages if you are injured while on duty. (But if your employer caused injury to you while you were not acting during the course and scope of employment, you can sue him or her.) Therefore if a motor vehicle collision occurs while you are acting during the course and scope of your employment you will not be entitled to sue your employer in a civil court.

(See: Compensation Fund)