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You and Your Rights
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You and Your Rights

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Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.

Accidents At Work

Claiming damages for injury

All employers have a common law and, often, statutory duty to provide reasonably safe working conditions for their employees, irrespective of the kind of work they do. This includes domestic workers, casual labourers, farm labourers, managerial staff and professional people, who are not normally protected by legislation.

More specific duties are imposed on employers by the Occupational Health and Safety Act, 1993. (See health and safety at work.)

The employer is expected to take appropriate reasonable precautions to guard against likely accidents arising from the ordinary course of work.

At the same time, however, employees are expected to exercise due care for their own safety and for that of their fellow employees when working. An injury caused to a colleague by an employee's negligence might expose that employee to a claim for damages.

Case History - The man who fell off a washing machine

A workman in an engine plant slipped and fell off a washing machine because of the accumulation of grease on the water tank.

  • The court found that his employer had not behaved negligently in allowing grease to accumulate at the point from which the worker fell, since it was not foreseeable that anyone might jump onto the water tank before it was next due to be cleaned. An employer was required only to guard against accidents which were likely to happen in the ordinary use of the machinery and was entitled to expect that workers would show due care and diligence in working on dangerous machinery.

(Macdonald v General Motors South Africa (Pty) Ltd, 1973)

WORKERS' COMPENSATION The Compensation for Occupational Injuries and Diseases Act, 1993, prevents employees covered by the Act from suing their employers for damages in terms of common law. These employees are entitled only to compensation for loss of earnings under the Act.

Employees not covered by the Act may sue their employers in the civil courts. (See injuries, suing for.) This aspect is particularly important for more senior employees and domestic workers employed in private homes.

Although the Act makes a worker's claim more certain - and the worker does not have to go to court and pay legal costs - compensation in terms of the Act is usually considerably lower than the damages that might be awarded by the civil courts. For this reason it is in some cases better not to be covered by the Act.

Under the Act, the worker does not have to prove that the employer was negligent; in fact, there may still be grounds for a claim even if the worker was to blame for the accident. However, a claim will fail if an accident is caused by a worker's own 'serious and wilful misconduct' (unless the worker is seriously disabled or dies leaving someone who was wholly dependent upon him or her).

Compensation is paid provided that the accident occurred 'in the course and scope of employment'. There is no need to go to court. Compensation is paid administratively by the compensation commissioner. The Compensation for Occupational Injuries and Diseases Act prevents employees only from suing their employers; it does not prevent them from suing any other person who might have caused the injury, such as a fellow employee. (See workers' compensation.)
Disclaimer :: You and Your Rights
Although we have gone to great lengths to ensure the accuracy of the information contained in this database, it is important to remember that laws, government departments, interest and taxation rates are constantly changing. If you have a particularly difficult problem you are advised to consult a qualified legal authority. The publishers, editors and their representatives cannot accept responsibility for any act or omission arising from consulting the information contained herein.
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General Disclaimer: The content of Legal City does not constitute legal, tax or financial advice, nor does it necessarily reflect the views of our management, staff, shareholders, associates, contributors, authors or suppliers. Even though every endeavour has been made to ensure the accuracy of this information we cannot be held responsible for any errors and/or omissions. By using this web site you agree to accept and abide by our terms and conditions.
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