An accident in the workplace can be traumatic for the employee and the employer but claiming from the Compensation Fund does not have to be if you follow the steps we have set out below.
- An injury which results in outside medical treatment requires the completion of Part A, Page 1 of the Employer’s Report of an Accident (Form W.CI.2). Detach Part B, which is an automatic copy of Part A by tearing at the perforation. This must be given to the employee to be handed to the doctor or emergency services.
- The employer must obtain the First Medical Report (Form W.CI.4) from the doctor and then complete it and send it with the W.CI.2 form and a certified copy of the employee’s ID to the Compensation Commissioner within 7 days of the accident.
- The Commissioner will send the employer a claim number on a postcard (Form W.CI.55). This claim number must be used on all further correspondence in this regard.
- A further postcard (W.CI.56) will be sent to the employer once the claim has been reviewed and liability accepted. If the W.CI.56 has not been received, liability has NOT been accepted.
- In the case of a prolonged absence, a Progress Medical Report (Form W.CI.5) must be obtained from the doctor each and every month and subsequently submitted to the Commissioner.
- A Final Medical Report (W.CI.5) will be issued when the doctor is satisfied that the employee is fit for duty. This report must then be submitted to the Commissioner.
- A Resumption Report (W.CI. 6) must be completed when the employee returns to work and subsequently submitted to the Commissioner.
- On receipt of all of the above reports, the Commissioner will make payments and close the case.
PLEASE BE AWARE OF THE FOLLOWING CLAIM CRITERIA:
▪ If an employee is booked of for an Injury on Duty (IOD) for 3 days or less, the Commissioner will not cover the IOD (i.e. does not pay a cent). Therefore, the employer does not need to pay the employee either.
▪ If an employee is booked off for 4 days or more, but less than 3 months, the employer must pay the injured employee at a rate of 75% of their basic wage from day 1 until the employee returns to work.
▪ If the employee is booked off for longer than 3 months, the employer must pay the employee at a rate of 75% of their basic wage from day 1 doe 3 months ONLY.
It is important to note that you may not make a claim on behalf of an injured employee if your company is not registered with the Compensation Commission or if your company’s annual returns are not up to date.
If you further information, please do not hesitate to contact us or call our office on 033 266 6170.