REPORTING OF OCCUPATIONAL INJURIES

When a workplace injury occurs in South Africa, proper reporting is not just good practice—it's a legal requirement under the Compensation for Occupational Injuries and Diseases Act (COIDA). Many employers and employees remain uncertain about their reporting obligations, which can result in penalties, loss of compensation rights, and legal liability.

This guide provides clear, practical guidance on who must report, where to report, and the critical timelines involved, ensuring both employers and employees understand their responsibilities from the moment an incident occurs through to case closure.

Who Must Report

Role	Main Duty
Employer	Primary responsibility to report any occupational injury or disease to the Compensation Commissioner (Department of Employment & Labour).
Employee / Injured Person	Must immediately notify a supervisor/manager of the injury so the employer can act.
Health & Safety Representative / First Aider	Records the incident in the Accident/Incident Register and assists with first aid and evidence collection.

Even though the employee informs the employer, legal accountability to report to the authorities rests with the employer.

Where to Report

Internal

• Report to the direct supervisor/manager as soon as the incident happens (ideally immediately, but no later than the end of the shift).

• Record in the Employer’s Accident Book / WCL 2 register.

External / Statutory

• Employer must submit forms to the Compensation Commissioner (Department of Employment & Labour) or the employer’s Compensation Insurer (if self-insured).

• If serious, also notify the Department of Employment & Labour Inspectorate and possibly the police (if fatal).

Why Reporting Is Required

Legal Compliance

• Section 38 of COIDA: Employer must report within 7 days of becoming aware of the injury.

• Occupational Health & Safety Act (OHSA) also requires notification of serious incidents.

Compensation Rights

• Ensures the employee can claim medical costs, temporary/permanent disability benefits, or death benefits.

Prevention & Investigation

• Helps identify hazards, improve workplace safety, and prevent recurrence.

Protection for Employer

• Proper reporting shields the employer from penalties and proves compliance.

Step-by-Step Reporting Process

A. Immediate Action (At the Scene)

1. First Aid & Emergency Care: Treat or arrange medical assistance immediately.

2. Notify Supervisor: Employee informs a manager or H&S rep right away.

3. Record Details: Enter in the Accident Register (date, time, location, witnesses).

B. Employer’s Statutory Reporting

1. Complete WCL 2 Form (“Employer’s Report of an Accident”) within 7 days.

2. Submit to the Compensation Commissioner (online or manual) or the relevant Compensation Insurer/Fund.

3. Provide the employee with WCL 4 (Claim for Compensation) for the medical practitioner to complete.

4. Give the employee WCL 3 (Notice of Employee’s Rights).

C. Follow-Up

1. Forward medical reports and any progress reports to the Commissioner.

2. Keep all records for at least four years.

3. Cooperate with any Department of Labour investigation.

Key Timelines

Action	Deadline
Employee informs employer	Immediately / same shift
Employer reports to Commissioner	Within 7 days of accident
Fatalities/serious incidents (OHSA)	Immediately (phone/fax/email to Inspector)
Medical progress reports	Ongoing as requested

Quick Summary

Who reports?

• Employer to the Compensation Commissioner (legal duty).

• Employee to the supervisor (to trigger the process).

Where?

• Internally: Supervisor & Accident Register.

• Externally: Department of Employment & Labour – Compensation Fund.

Why?

• Legal compliance (COIDA), employee compensation, accident prevention, and employer protection.

Process in brief:

1. Treat injury & record it.

2. Employee informs supervisor immediately.

3. Employer submits WCL 2 within 7 days to the Compensation Commissioner.

4. Send medical and progress reports until the case is closed.

Failing to report can result in penalties, fines, and loss of compensation rights for both the employer and the injured employee.