GOOD SAMARITAN DESERVES WORKERS' COMPENSATION

If a worker travelling from his place of employment to home is injured in an accident, he is covered by workers’ compensation for time off work and treatment. What happens if he witnesses a bag snatcher assaulting a woman on the way and runs him down? In a recent case, the worker chased and eventually apprehended the thief, wrestling him to the ground and in the melee, which followed, injured his ankle. The workers’ compensation insurer however, denied liability saying that the direct journey home was broken by this independent venture. Fortunately common sense prevailed and the Workers’ Compensation Commission accepted that the worker who had not acted voluntarily had a limited choice of how he could respond once he heard the victim’s cry for help. The journey was not broken, and community expectations would insist that he still be covered by workers’ compensation. Good Samaritans are therefore covered to a large extent by workers’ compensation. It is also interesting to see that the new S.5 of the Civil Law (Wrongs) Act 2002 provides Good Samaritans with indemnity against being sued for compensation even where his actions may be regarded as reckless and cause further harm. Good Samaritans are now in a far stronger legal position.

DISCLAIMER

These personal injury law articles were published with the express permission of Stacks/The Law Firm. Please note that the information was correct at the time of publication, but personal injury law is subject to legislation changes from time to time and thus it is recommended that you contact a Stacks/Goudkamp lawyer should you have any questions relating to any of the topics above.