Bethuel was injured in an accident at work. He has not been paid for the past six weeks, and the doctor told him to rest for another two weeks. He comes to you with his problem because he says he and his family cannot survive without his weekly wage. Bethuel earns R2000 per week.

WHAT DOES THE LAW SAY?

Bethuel has to stay completely off work, but he will be able to go back to work later. So he has a total temporary disability. The employer should pay Bethuel for the first 3 months from the date of his injury. This will be repaid to the employer out of the compensation paid to Bethuel. is the compensation money. (See How is the compensation money paid?)

WHAT CAN YOU DO?

• Write a letter to the Compensation Commissioner asking them about the delays in paying Bethuel his compensation or check the website under ‘compensation fund claims status’. (See Model letter to the Compensation Commissioner asking for reasons for the delay in paying)
• Advise Bethuel’s employer to pay him compensation for the first 3 months. Note that Bethuel gets compensation instead of his wages, not as well as his wages.
• Work out how much the Compensation money should be given that Bethuel is paid weekly. (See Temporary disability) The formula for working out compensation is:
  • Multiply weekly wage by 4.3: R2000 x 4.3 = R8 600 per month
  • Multiply monthly wage by 75 ÷ 100
  • R8 600 x 75 ÷ 100 = R6 450
• Bethuel will get paid R6 450 per month from the Compensation Fund for Total Temporary Disability. The employer should pay Bethuel this compensation amount for the first 3 months (he will get this back from the compensation paid out). The employer already owes Bethuel for the first month. If the employer refuses, report the matter to the Compensation Commissioner.
• The Commissioner will pay all doctor’s and hospital bills and any medicines needed. If the employer has reported the accident properly, doctors and hospitals will send their accounts direct to the commissioner. If this has not happened, Bethuel must keep all slips and accounts. You can help him claim them back from the commissioner.