Question NW847 to the Minister of Employment and Labour
26 March 2021 - NW847
Cardo, Dr MJ to ask the Minister of Employment and Labour
What (a) total number of claims submitted to the Compensation Fund arose from injuries incurred during the journey to and from the workplace in the past five financial years and (b) proportion of overall claims did these claims constitute in each specified financial year?
Reply:
Section 22 (4) of the COID Act indicates that compensation will be considered for accidents that has ‘arisen out of and in the course of employment’. The Compensation Fund does not consider claims for accidents that occurred during the journey to and from work if they do not meet “arising out of and in the course of employment”.
Section 22 (5) does provide for consideration of claims in the event of accidents that have arisen where the employer provides free transportation to commute to and from work for the purposes of employment.
However, the Fund does not keep information in such a way that we can distinguish motor vehicle accident claims between those where it was transport provided by the employer to and from work as well as those that occurred while the worker was executing his/her duties.