Workers and Employees: How to Claim from WCA

As a Worker or Employee How Do You Claim?

 

  1. Inform your supervisor or employer as soon as possible (verbally or in writing).
  2. Make note of anyone who witnessed the accident.
  3. The form that needs to be completed is WCL2: Notice of Accident and Claim for Compensation.
  4. The employer must then report the accident to the Compensation Commissioner, regardless of whether or not they believe the worker’s version of the incident, by submitting Form WCL3: Employer’s Report of Accident.
  5. The employer must report a workplace injury within 7 days or within 14 days of finding out that the worker has an occupational disease.
  6. The employee should check that all the details on the form are correct.
  7. Within 14 days of seeing the worker, the attending doctor must fill in form WCL4 stating how serious the injury was and how long the worker is likely to be off work.
  8. The doctor sends the completed WCL4 to the employer who in turn sends it to the Commissioner.
  9. The worker does not pay for the doctor’s fees. But if you want a second opinion, you will have to pay for this.
  10. If the injury will take a long time to heal, the doctor must send a progress report (WCL 5) to the Commissioner every month until the condition is fully stabilised.
  11. This WCL5 informs the Commissioner of how long the worker is off work.
  12. At the end of medical treatment, the doctor must submit a final doctor’s report (WCL 5) stating either that the worker is fit to go back to work or that the worker is permanently disabled.
  13. The doctor must send this WCL5 form to the employer who in turn sends it to the Commissioner.
  14. When the worker goes back to work, the employer must send a resumption report (WCL6) to the Commissioner stating when the worker went back to work and how much the worker was paid in compensation.
  15. The doctor, worker and the employer should keep copies of all the forms.
  16. When the first doctor’s report has been submitted with the accident report, the Compensation Commissioner will consider the claim and make a decision.
  17. A claim number is applied for by the employer and allocated to the case by the Compensation Commissioner. This number should be used for all paperwork relating to a claim.
  18. If the worker disagrees with the decision, they can appeal the decision within 90 days by submitting form W929 to the Commissioner.

 

All forms that need to be submitted to the Commission can be sent to:

Compensation Commissioner
PO Box 955
Pretoria
0001

You can contact the Commissioner or any Regional Office of the Department of Labour for more information and for assistance.

Forms are available from:

Western Cape Office of the Department of Labour
PO Box 872, Cape Town, 8000
Tel: 021 468 5628/29/30
Fax: 021 468 5592

 

WHO PAYS THE CLAIM?

The Compensation Commissioner is appointed to administer the Fund and approves workers’ claims. The worker gets money from the Fund and not from the employer.

BUT the employer has to pay the injured worker for the first 3 months after the injury was sustained. The Compensation Fund will pay the employer back.

If the worker is off for more than 3 months, the Compensation Commissioner takes over the monthly payments.

If the employer has insurance against workplace injuries then the insurance company will pay the compensation. In these cases, claims are still made to and decided by the Compensation Commissioner.

NB: Payment of claims can take a long time to process.

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