Employers Responsibility for Health and Safety

Most employers tend to think that as soon as employees are out of their premises, employers responsibility for health and safety STOP’s. This is a general assumption that most of them make. In actual fact, there are instances where employers are responsible for their employees until they safely arrive home.

Employees use all forms of transport to get to and from work. Some do so out of their pockets while others have companies paying them transport allowance. When they are unfortunately involved in an accident en route to or from work, there are several ways in which their claims may be handled by the Workman’s Compensation Authority.

The Workman’s Compensation Authority makes serious consideration when it comes to accepting claims that involves road accidents. In my previous blog, I wrote about being 'willfully negligent and un-willfully negligent on duty and how the WCA consider claims that involves the above mentioned.

Claims for road accidents in which employees were travelling to or from work are accepted if the company pays travel allowance. Also, if an employee drives a company vehicle and is provided with petrol or vehicle allowance, then the WCA can consider that particular claim. However, certain procedures and documentation will be required along with the claim.

The WCA will look at the employment or position of the employee in the company. In all Motor Vehicle Accidents (MVA) a Travel Report has to be submitted along with the claim with all the details about events leading up to the accident.

However, if the WCA does an investigation and finds out that the driver of a company vehicle deviated from his designated route probably to do his personal things, the claim will not be accepted. Claims are only covered if the driver uses a direct route from one point to the other.

On the other hand, accidents that happen when employees are using public transport and do not have transport allowance are not compensated by the WCA. However, it must be cleared that if an employee has travel allowance being paid for by the company but uses public transport and is involved in an accident, his or her claim will be accepted and paid out by the compensation authority.

Gautrain is an exception when it comes to public transport. The WCA pays if an employee is involved in an accident while using Gautrain but only when the company is paying travel allowance. Employers must ensure that the payslip of an employee who uses Guatrain clearly indicate that he or she gets Gautrain allowance. WCA will require that as part of supporting documents for that claim, if not available it will be classified as a normal public transport accident and claims will not be paid out.

However, there are some cases that the WCA is likely not to cover even if they involve employees on duty on the roads. For example, if an office jockey is sent to the shops by his boss or manager and is unfortunately involved in an accident, chances are high that, that particular claim will be repudiated.

While employers may feel their responsibilities towards employees end at their door step or at the gate of their premises, the truth of the matter is, they might stretch even beyond. It is vital to know what the WCA pays for and doesn’t pay for and the supporting documents that they require. The absence of one little detail or print might end up in the whole claim being rejected.

Knowledge is Power; we at MAKROSAFE are in the best position to do the research, on your behalf, on the requirements of WCA in relation to claims so that you don't get the surprise of your life when claims are rejected.