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By unknown | Jul 20, 2009 | COMMENTS [ 0 ]

LANCELOT Naudé has been waiting 14 years for the Workman's Compensation Commission to finalise his claim.

LANCELOT Naudé has been waiting 14 years for the Workman's Compensation Commission to finalise his claim.

Naudé, 61, worked for cement company Alpha Ready Mix for 10 years before he was injured.

He fell from a truck chute while washing the vehicle in April 1997 and sustained a lumbar disc prolapse and needed an operation.

Naudé developed complications from the surgery and had to undergo a second and third operation.

"I eventually settled down without any active treatment and was left with permanent backache," he says.

Naudé says he was offered an alternative job that was more strenuous than truck driving. He was eventually discharged from work in October 1998.

"Operating a mechanical broom in the yard was the most strenuous and traumatic experience I have ever had in my life," Naudé says.

His doctor's report says: "He suffers from persistent back pain, tiredness, loss of stamina and endurance. He requires to be put on a prolonged rehabilitation programme, which involves the teamwork of an orthopaedic surgeon, physiotherapist and occupational psychologist."

Naudé says he received his pension contribution combined with that of the employer, plus interest.

The Workmen's Compensation Commission paid him a lump sum of R19000, he says.

"I waited for a monthly salary, which they had estimated at 75 percent of my monthly salary, but it never came," he says.

His attorney applied for a review and his matter has not been reassessed since 2006, he says.

It has been a month since Philly Molonyana and Themba Mdluli of the Labour Department, investigated why Naudé's case has not been finalised.

Who is entitled to work-men's compensation?

lAn employee who is injured at work. In the event of his death due to such injuries, the dependants of such employee shall, subject to the provision of the Workmens' Compensation Act, be entitled to the benefit.

lNo periodical payments shall be made if an employee was not permanently disabled.

lIf the accident is attributable to serious and wilful misconduct, there would be no compensation unless the accident results in a serious disablement or death.

lAn employee who has an accident outside South Africa is entitled to compensation if an employer has business chiefly in SA.


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