In a previous MISA eDATA article we dealt with reporting an accident while performing your duties. In this article we will focus on what the case is if you as an employee are involved in an accident while driving a company vehicle to and/or from work.

In terms of section 22(5) of the Compensation for Occupational injuries and Diseases Act of 1993 (“COIDA”), if you as an employee are travelling to perform your daily duties, you are covered under the Act. Similarly, you are also covered under the Act when your employer provides transport, free of charge, for you to travel to and from work.

It is important to note, however, that should you be travelling in a company car in your spare time or on your way to run a personal errand, you are not covered by the Act.

Should you, as a MISA member, be involved in an accident that is covered under the Act and your employer disputes that the accident occurred during the course of employment by usage of a company vehicle, it needs to be reported to MISA immediately. This will allow us to engage with your employer and to determine whether any liability exists, after which we may report the matter directly to the Department of Labour wherein the Director-General may make an Award in terms of Section 27 of COIDA.

It is important to understand your rights in this regard as the damages and costs can easily skyrocket. MISA members should contact us immediately after an accident has occurred so that we can offer professional advice and assistance.

As always, MISA is only a phone call away!

Article by MISA’s Legal Department.

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