How to make payments for Injury on Duty (IOD)

In the event of an employee becoming injured whilst on duty, then the employer has to make payment in accordance with one of the following conditions, which are based on time periods of the IOD:

1. IOD :3 days or less

According to Section 22(2) of the COID Act, no periodical payments shall be made in respect of temporary total disablement or temporary partial disablement which lasts for 3 days or less. This means that the Compensation Fund will not make compensation payment to an employee that has been off due to and injury on duty for 3 days or less. Furthermore, the employer may also not make periodical payments to workers for injuries on duty that are 3 days or less. It is illegal to pay for injuries on duty from sick leave.

2. IOD: 4 days or more but less than 3 months

According to Section 47(1) of the Act, compensation for temporary total disablement must be calculated in accordance with Item 1 of Schedule 4. In the event of the employee being booked off due to an injury on duty, for a period of 4 days or more, but less than 3 months, the employer must make payment to the employee at a rate of at least 75% of his earnings, from the first day until the worker comes back to work. The earnings of the worker must be the remuneration that he or she obtains from the employer plus the following:

• the value of any food or quarters or both supplied by the employer;
• any overtime payment or other special remuneration in cash or in kind of regular nature or for work ordinarily performed;
• any other remuneration in cash or in kind to an employee by virtue of his/her contract of service, including commission, cost of living allowance, and incentive or other bonuses.

It excludes:

• payment for intermittent overtime;
• payment for non-recurrent occasional services;
• amounts paid by an employer to an employee to cover any special expenses;
• exgratia payment whether by the employer or any other person;
• travelling and subsistence allowances.

3. IOD: more than 3 months

If the event of an employee being booked off due to an IOD for a period of more than 3 months, the employer is responsible for paying the injured employee at a rate of least 75% of the workers earnings, for the first 3 months. After the 3 month period is over, the injured employee must then claim his money from the Compensation Fund.