Damage which the insured shall be legally liable for following death of or bodily injury to or illness of any person employed under a contract of service or apprenticeship with the insured which occurred in the course of and in connection with such person’s employment by the insured.
The Compensation for Occupational Injuries and Diseases Act No 130 of 1993 (COID Act) has eliminated the common law right of an employee to sue his/her employer for injury or diseases that arise in the work place as a result of an accident. However this does not mean that there is no chance of an employer being sued.
- COIDA only covers accidents. If an employee was injured as a result of the wilful act of another employee COIDA might not respond;
- COIDA may yet be found to be a breach of a person’s constitutional right to fair compensation for loss since COIDA’s compensation payments are very limited;
- It is also worth remembering that COIDA does not cover any worker who:
- Is employed outside of South Africa for a continued period of 12 months or longer;
- Is ordinarily employed outside of South Africa and has an accident while temporarily working is South Africa;
- Refuses or wilfully neglects medical treatment