In South Africa many road accidents cause serious injuries and death on our roads.

One of the questions that we frequently receive is : If an employee was injured or passed away because of a work related vehicle accident, would the employee or in the instance that the accident was fatal, the dependants of the deceased employee qualify for compensation from the Occupational Injuries Diseases Act.  (IOD)

For an IOD or fatality due to a work-related vehicle accident to be claimable from the Compensation Fund, the accident should have occurred while the employee was on duty, carrying out a function that he or she was employed to do.

If the vehicle accident did not occur while a person was on duty, costs due to being injured or a maintenance claim by dependents could be instituted against the RAF (Road Accident Fund).

Not all injuries are covered by the RAF, only injuries that are generally considered as serious.

Take note that neither the RAF or the Compensation fund accepts liability for vehicle damages, only loss or damage as a result of bodily injury or death caused by negligent driving within the boarders of the Republic of South Africa.

Some criteria that must be met when a claim is lodged with the IOD:

• Vehicle must be provided by the employer
• Vehicle must be provided free of charge
• Vehicle must have been provided for purposes of work / employment
• Query will be made if the vehicle was driven by the employer or employee
• Proof that the most economical route was taken when the accident occurred.

In some instances employees are on a “Call-out” or on “Standby” and will travel in their private vehicle but the reason to travel is due to a work related matter.  In this instance an injury or death will be viewed as an injury or death on duty and will be covered.

If you are unsure if you can claim rather complete the forms a matter of urgency and attend to the claim, the Compensation Commissioner always attend to each matter on his or her discretion as each matter is reviewed on the specific circumstances.