I sustained an injury on duty and needs a Neck operation. Dr's don't deal with WCA anymore. Private hospital needs a co-payment of R50 000. Who is responsible to pay this co-payment? My incident is reported to WCA and I have a claim no.
You have a very interesting case here, actually we are logging an application in this regard to the labour court on this phenomenon for direction, I can go on and on but basically it is our INTERPETATION of various sections of the unemployment insurance fund, basic employment conditions act labour relations act and others that the employer is responsible, and in connection with doctors, their laws and others that they can not summerly refuse to treat a patient on grounds of WCA. Now please understand that the above is our interpreted version of what is statutory law and common law principals to "back" our theory hereon, it does not say that we are correct or that a judge will agree with us and therefore not my advise herein. Kindly elaborate on how you sustained the injury, maybe can we advise on different grounds. Remember that their are institutions that work with WCA and it need not necessarily be the institution that you are treated by Regards Rautenbach & Associates