Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
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Every now and then I receive an e-mail from people asking whether we do Workmen’s compensation claims and whether we can assist them with their problem. I have a standard answer that I send at the time which is essentially that we cannot take their case and we would refer them to the Law Society. I don’t know any particular attorneys who deal with such mattes, and I would think that they are few and far between, given that the Compensation Commissioner does not pay legal costs. In other words, any fee that the attorney takes will have to be paid by the person seeking his or her help or out of the compensation. The compensation is so paltry it is embarrassing.
I was listening to a show on Radio 702, featuring an attorney who deals with many of the mining cases, Richard Spoor, and some of what he spoke about was quite frightening. Firstly, he described their system that we all know as being broken, but made it sound even worse than I imagined it was. The compensation one receives for losing an eye for example appears to be limited to R50 000,00 and that is about the same that miners who can never work again, get. That is absolutely ridiculous. I was reminded that all companies pay the same rate for Workmen’s compensation and that in itself is where a part of the problem lies.
There is no punishment for an industry that has more injuries, there is no punishment in the form of higher levies or contributions for an employer whose employees get injured more often – we all pay the same amount. That means people who are sitting in a safe office environment, around desks where of course there is always a chance still for a tripping incident, have their employers paying as much to the Workmen’s compensation as a mining company would, for their workers getting exposed to far higher risks every single day. It was sad to hear further that at least 30% of gold miners will at some or other stage develop a chest infection related to the amount of dust they have to breathe in every day. It surely makes sense that those employers should pay more so as to at least incentivise them to try and improve the conditions? At the same time, the benefits are absolutely pathetic and one can understand the fears that people have for a similar scheme being introduced for the Road Accident Fund – the Road Accident Fund Benefit Scheme or RABS, is based on Workmen’s compensation to a large extent.
Posted by Michael de Broglio on Friday 13-Feb-15
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Comments
Kaylee said:
on Wednesday 18-Feb-15 04:35 PM
Shocking! I used to do Labour work for an engineering company and the one day I was there, a guy's arm got cut off while working on one of the machines. His whole life changed and he would most likely not be able to obtain work in the future. He obviously cannot rely of Workman's Compensation to compensate him for his loss. That's upsetting.
I like Sorea comment, I think insurance companies are going to start making big money when RABS kicks in.
Sorea said:
on Friday 13-Feb-15 09:35 AM
Good luck to each and every South African who will have to rely on RABS for compensation. May the force be with you all. Might I suggest a consultation with your insurance broker?
Juliet said:
on Friday 13-Feb-15 09:02 AM
Someone efficient needs to go into each government department with a big clean up broom and sweep out all the cobwebs and sludge and just rearrange and start from the beginning! Pit of sinking mud!
Lucretia said:
on Friday 13-Feb-15 08:52 AM
It is disgusting to see how little respect one has for a life and how desperate people are to find a job that they will take on high risk jobs knowing the dangers. We have all just become a number in the grand scheme of things. I would love to compare our Workmen's with the rest of the world.
Lucretia said:
on Friday 13-Feb-15 08:52 AM
It is disgusting to see how little respect one has for a life and how desperate people are to find a job that they will take on high risk jobs knowing the dangers. We have all just become a number in the grand scheme of things. I would love to compare our Workmen's with the rest of the world.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
