A doctor or chiropractor must submit medical reports to the employer within a certain period.
The Compensation for Occupational Injuries and Diseases Act applies to:
- all employers; and
- casual and full-time workers who, as a result of a workplace accident or work-related disease:
- are injured, disabled, or killed; or
- become ill.
This excludes –
- workers who are totally or partially disabled for less than 3 days;
- domestic workers;
- anyone receiving military training;
- members of –
- the South African National Defence Force, or
- the South African Police Service;
- any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
- anyone employed outside the RSA for 12 or more continuous months; and
- workers working mainly outside the RSA and only temporarily employed in the RSA.
Workers who are affected by occupational injuries and diseases are entitled to compensation
Submitting a Medical Report
A doctor or chiropractor must submit a medical report to the employer within
- 14 days of examining an injured worker; or
- 14 days of diagnosing an occupational disease.
If a worker is unemployed at the time of being examined, the medical report must be submitted to the Compensation Commissioner.
A worker or his dependant may request a copy of the medical report from the doctor or chiropractor.
The doctor or chiropractor must submit further medical reports, if the Commissioner, mutual association or employer individually liable, requires them.
A doctor or chiropractor who fails to submit a medical report will be liable for the cost of medical expenses until the report has been submitted.
Based on Legislation in Section 74, of the Compensation for Occupational Injuries and Diseases Act
Originally appeared on labour.gov.za on 18-02-2014. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.