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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2636
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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My father fell on duty down a unmarked hole. He is a

Customer Question

Good day, my father fell on duty down a unmarked hole. He is a mechanic and was busy with a delivery. After 3 weeks in hospital and 3 months of rehab he could not do his job anymore. His employer then gave him some admin work to do. 3 days on the job his back pain was just killing him. His got the nessary docter certificate stating that he will not be able to be a mechanic again due to enjury on the job. His employer terminated him with emmidiate affect and one months pay. He has been working there for 4 years. He must now go claim from compensation. He is not able to stand or sit in ques for longer than 1hour. What is legally the obligation of the employer? How long will his claim at compensation take before he will be successful? Is compensation weekly, monthly or yearly payment?
Submitted: 10 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 10 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Apart from paying whatever amounts are due to the employee the employer will have to pay him one week's pay for each completed year's work. That is about it from the employer's side unless the contract of employment make provision for something else.

The employer is covered for injuries on duty by the Compensation for Occupational Injuries and Diseases ACT. All other claims of money that is due to your father will be paid out by the compensation commissioner. You can click here to read a bit more.

Disabilities are rated from 100% to 1% depending on the seriousness. For example, a 100% would be the loss of both your hands or the loss of your sight. The loss of your small toe is a 1% disability.

Your doctor will write a medical report about the disability. The Commissioner and various other doctors will then decide how serious the disability is.

If the disability is more than a 30% disability, you will get paid a monthly pension. The size of the pension depends on what your wages were and on the seriousness of the disability. If you have a 100% disability you will get paid 75% (three-quarters) of your wages.

If the disability is less serious, the Commissioner will work out the monthly payment.

If the disability is less than a 30% disability, you will get paid a lump sum.

The lump sum payment is a once-off payment. The monthly payment will be paid for the rest of the worker's life.

Usually the pension fund, if there is one, will then start to pay out even if it is before retirement age.

Another very important thing to consider is taking legal action against the responsible person/institution with regards ***** ***** unmarked hole. The claim can be quite substantial if it caused your father to be incapacitated but he will have only three years to sue from the date of the incident.

From the sound of it your father will already have most of the medical reports necessary to prove the quantum of his claim.

I hope this answered your question.

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Expert:  Freddie Lombard replied 10 months ago.

Good morning,

This is just a quick note to follow up. I am ot sure whether you have read my answer and if so whether it was helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.