Hi, I hope some1 can help me on this 1. I have a client who's employee had recently lost his finger whilst on duty. The employer was not registered as per COIDA and subsequestly took the employee to a public hospital and well basically ensured the employee was granted access to medical care. The employer further more paid the employee his full salary sincce the incident and well did not require him to return to work until he chose to.
Well obviously, the employer must get registered and reposrt the accident as that would constitue a crime. However from my understanding is the CIOD Act, especially, section 35, which limits an injured employees ability to civily cliam for compensation from his employer.
Does an injured employee, have the right to make a civil claim against his employer due to the employer not having been registered with the compensation comission in the first place?