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COIDA ACT INJURED ON DUTY

If you’re involved in an accident at work or develop an illness caused by your working conditions, you can claim from the Compensation Fund. Here’s what you need to know.

You can claim if:

·         You were injured or contracted a disease while working (permanent or casual), training or completing an apprenticeship.

·         You lost a family member who died on the job.

·         You’re a domestic worker in a boarding house.

·         You’re an apprentice or trainee farm worker.

·         You’re a worker paid by a labour agency.

You can’t claim if you are:

·         A domestic worker employed at a private home.

·         A member of the South African National Defence Force (there is a separate fund explained in the Defence Act 42 of 2002, Chapter 9).

·         A member of the South African Police Services (there is a separate fund).

·         An outsourced employee.

·         A worker who works outside South Africa for more than 12 months at a time.

Claims will only be paid if they are submitted in the correct way and on time. Claims will not be paid if:

·         The claim is made more than 12 months after the accident or death, or after the disease is diagnosed.

·         You are off work for three days or less.

·         The accident resulted from your own wrongdoing (unless you’re seriously disabled or die in the accident, the fund will still pay compensation).

·         You unreasonably refuse to have medical treatment.

Who pays into the fund?

Employers pay into the Compensation Fund once a month. You do not pay anything towards the fund. Employers can’t deduct money from your wages as contributions to the fund.

Which injuries and diseases are covered?

The fund covers occupational diseases and workplace injuries. The working conditions and diseases caused by these conditions that are covered by the Compensation Fund are set out in Schedule 3 of the Compensation for Occupational Injuries and Diseases Act (130/1993).

You can claim for other diseases if you can prove using medical evidence and reports, that the disease was caused by conditions at work.

What can you claim?

You can’t claim for pain and suffering, only for loss of movement or use of your body.

The amount of compensation paid to you, depends on how much you were earning when you got injured or diagnosed. If you’ve stopped working by the time a disease is diagnosed, the compensation will be worked out according to what you would’ve been earning.

Types of compensation:

Medical costs

All your medical expenses will be paid for up to 2 years, from the date of the accident or the diagnosis of the disease. You are free to choose a medical service provider you want to consult with. All medical accounts should be submitted to the Commissioner, including fees for transporting you to a hospital or to your home.

Temporary disability


Temporary disability is when you’re unable to work or can’t do all your work because of an injury or disease, but you will get better.

To claim, you need to be put off work by a doctor for more than 3 days. If you’re put off work for longer than 3 days, you will get paid out for the whole time that you’re unable to work (including the first 3 days).

If you can’t work at all, you’ll get paid out 75% (three-quarters) of your normal monthly or weekly wage.

If you can only do some of your work, you will still get paid some wages by your employer. The fund will pay you 75% (three-quarters) of the difference between what you got paid and what you would’ve been paid before the injury.

All medical expenses are also paid if the medical accounts are submitted to the Commissioner.

You can claim compensation for temporary disability for 1 year. This can be extended to 2 years, after which the Commissioner may decide that the condition is permanent and grant compensation on the basis of permanent disability.

Permanent disability

A permanent disability is an injury or illness that you will never recover from, for example, losing an eye. The seriousness of the disability will determine whether you’ll never be able to work again or whether you’ll find work more difficult.

Disabilities are rated from 100% to 1% depending on the seriousness. For example, a 100% would be the loss of both your hands or the loss of your sight. The loss of your small toe is a 1% disability.

Your doctor will write a medical report about the disability. The Commissioner and various other doctors will then decide how serious the disability is.

If the disability is more than a 30% disability, you will get paid a monthly pension. The size of the pension depends on what your wages were and on the seriousness of the disability. If you have a 100% disability you will get paid 75% (three-quarters) of your wages.

If the disability is less serious, the Commissioner will work out the monthly payment. The monthly payment will be paid for the rest of your life.

If the disability is less than a 30% disability, you’ll get paid a lump sum. The lump sum payment is a once-off payment.

Death benefits

If a family member that earns money to support the family (breadwinner) is killed by an occupational injury or disease, you can claim from the fund.

The amount of compensation that you’ll be paid depends on your relationship to the person who died. The total amount paid to the family can’t be more than the pension the dead family member would’ve received.

The spouse of the deceased and children under the age of 18 (including illegitimate, adopted and step-children) are entitled to compensation. 

If there’s no spouse or children, other dependents, like parents, will be paid compensation. 

To claim compensation for the death of a family member, you need to provide certified copies of:

·         Marriage certificate

·         Children's birth certificates

·         Death certificate

·         Declaration by the spouse (form WCL32)

·         The employer's incident report

·         Funeral accounts (form WCL46)

·         Details of your income and property

How do you claim?

·         Inform your supervisor or employer as soon as possible (verbally or in writing). Make note of anyone who witnessed the accident.

·         The form that needs to be completed is WCL 2: Notice of Accident and Claim for Compensation.

·         Your employer must then report the accident to the Compensation Commissioner, even if they don’t believe your story, by submitting Form WCL 3: Employer's Report of Accident.

·         The employer must report a workplace injury within 7 days or within 14 days of finding out that you have an occupational disease.

·         You should check that all the details on the form are correct.

·         Within 14 days of seeing you, the doctor must fill in form WCL 4, stating how serious the injury was and how long you are likely to be off work. This is sent to your employer, who sends it to the Commissioner.

·         You don’t pay for the doctor's fees but if you want a second opinion, you’ll have to pay for this.

·         If the injury will take a long time to heal, the doctor must send a progress report (WCL 5) to the Commissioner every month until the condition is fully stabilised. This informs the Commissioner of how long you’ll be off work.

·         Finally the doctor must submit a final doctor's report (WCL 5) stating either that you’re fit to go back to work or that you’re permanently disabled. The doctor must send this form to the employer who sends it to the Commissioner.

·         When you go back to work, your employer must send a resumption report (WCL 6) to the Commissioner stating that you’re back to work and how much you were paid in compensation.

·         Both you and your employer should keep copies of all the forms.

·         When the first doctor's report has been submitted with the accident report, the Compensation Commissioner will consider the claim and make a decision. A claim number will also be allocated. This number should be used for all paperwork relating to a claim.

·         If you disagree with the decision, they can appeal the decision within 90 days by submitting form W929 to the Commissioner.

Who pays the claim?

·         The Compensation Commissioner is appointed to administer the Fund and approves workers' claims. You get money from the Fund and not from the employer.

·         BUT the employer has to pay you for the first 3 months after the injury was sustained. The Compensation Fund will pay the employer back.

·         If you’re off for more than 3 months, the Compensation Commissioner takes over the monthly payments.

·         If the employer has insurance against workplace injuries then the insurance company will pay the compensation. In these cases, claims are still made to and decided by the Compensation Commission.




SASRIA - South African Special Risk Insurance association. You never know when you need it.

Trucks Torched, roads blocked as protestors shutdown Ladysmith


Durban - Five trucks were torched on Monday night and most roads leading into Ladysmith in northern Kwazulu-Natal were blocked by angry protestors who ramped up their demands for Mayor Vincent Madlala to vacate his office.

The Ladysmith city centre was a ghost town on Tuesday morning as taxi operators and other community protestors blocked roads leading into the CBD. The main police station was not staffed as several police officers could not reach the station for their shift.

"No members or workers are at work. It's bad literally for our community service members," a resident, who had gone into the station on Tuesday morning, to get copies certified told the  Ladysmith Herald.

The resident who did not want to be named said:  "What happens if we need the police, what then, this is so scary." 

All schools in the area were also closed on Tuesday and most businesses were expected not to open.



On Monday night, protestors torched five trucks on the road between Colenso and Pieters - which is used by truckers as a short cut to Ladysmith - and looted of its goods.

No injuries were reported.

Meanwhile, protestors on Tuesday blocked several roads including:

R103 to Harrismith HARRISMITH
R103 to Colenso
Protea Drive, Acciavale
Multiple Roads leaving Ezakheni
Pieters Road at Ezakheni
Umbulwane
Burford
St Chads by Linda's Tavern
Peacetwon and 
Hopslands

At the centre of the protests is the residents’ demands that Madlala the mayor of Alfred Duma Local Municipality step down.



All schools in the area were shut due to violent protests, with some businesses closing their doors.

The protesters vowed that all roads leading to the N3 and surrounding areas like Newcastle, Estcourt, Colenso and Bergville would be blocked.

"The current protest is affecting business and the economy of all small-town relying on Ladysmith as an important corridor. Our interest is to ensure that there is stability in the province, and we cannot allow Ladysmith to regress on the work done. Once again, we appeal for calm and to all protesters to engage peacefully,” he said.


Alf Lees a DA member of parliament and a resident of Ladysmith said they had noted with horror  the ongoing intimidation of the residents of Ladysmith and the surrounding areas by thugs who blockade roads, burn tyres, damage property, extort “tolls” from motorists and bring the economy of Alfred Duna Municipality to a grinding halt.

He said Alfred Duma Municipality is one of the ANC appallingly administered municipalities that are destroying the economies of rural South Africa. 

"In the past week, the thugs appear to have had the upper hand with the SAPS being caught on the back foot. There seems to have been a complete breakdown of the SAPS Intelligence who seem not to have been able to foresee the thuggery and violence despite the thugs spending the prior two weeks moving around Ladysmith trying to intimidate businesses and workers. The DA calls on the SAPS to ensure that any criminal action on the part of any thugs or organisations are identified in advance and are dealt with the maximum force of the law," he said.

Article released by - Daily News

CONTRACTORS ALL RISKS AND LATERAL SUPPORT COVER

IF YOU ARE A CIVIL CONTRACTOR THIS IS WHY ITS IMPORTANT TO KNOW ABOUT LATERAL SUPPORT COVER


What is Removal of Support? Removal of Support, in simple terms, is “the act of weakening of, interference with, or removing support from third party property/buildings/structures.

This is normally caused by excavating very close to an existing building, to a depth below the foundations.

The ground below the foundations would no longer have the weight/pressure of the surrounding earth to keep it in place.

 

Why is the cover required?

In terms of the law, there is a duty placed on the owner of land/property (or a developer), to provide lateral support to adjacent land or property. This is clear from decisions made in various court cases, from as early as the 1890s.
Basically, an aggrieved party can bring an action against the owner of a neighbouring property, when the latter removes or interferes with the lateral support of his land or building, causing damage or injury to arise.

It is important to note that a person can “lawfully” remove lateral support. However, the removal is converted into an “unlawful act”, as soon as it causes damage to the adjacent land and/or property. The Party responsible for this unlawful act would become “legally liable” for any resultant injury to third parties, or damage to third party property.

Since the legal duty is placed on the owner/developer, they would be responsible for taking out the cover.

 

 

Removal of Lateral Support Insurance (RLSI): if the execution of the work causes weakening or damage or interference with the support of land or property on site or adjacent to the site and the consequences thereof, then the removal of lateral support cover is an extension that can be bought under the Public Liability Section of the Contractors All Risks Policy.

 

Cover for the removal of lateral support must be applied for each Contract/scope of works individually, and prior to digging or commencement of the work. 

This is not included on any open annual Contractors All Risks Policy and neither is it automatically included on a Contractors All Risks cover, this is additional cover to be requested, subject to terms and conditions of the Policy, and an additional premium is charged.

Your Insurer will require an Engineers Report, scope of works for the lateral support cover to consider offering the cover for lateral support for a specific contract/works/job.

 

The best and most accurate way to confirm if Lateral support cover is required is by means of contacting the Consulting Engineer or Quantity Surveyor that has been appointed on the contract to confirm if Lateral support cover is required.

 

 

 Article written by Andrew Ensor-Smith 0n 9 February 2020


Professional Indemnity Insurance



PROFESSIONAL INDEMNITY AND WHY YOU NEED IT

The economic crisis in South Africa has seen the construction industry struggling, with several large construction companies filing for business rescue during the course of the year.

The construction industry functions in ebbs and flows, but with the current mix of high levels of government debt, a dejected economy, uncertainty, and low infrastructure-spending, new contracts are drying up. This has resulted in jobs lost, diminishing talent and highly skilled professionals leaving the country.

The repercussion being an adverse effect on quality as professionals struggle, under increased pressure, to reduce costs and work within the constraints of ever tightening budgets.  This has resulted in poor workmanship, unsafe structures, increased risk, disputes and claims for damages.

Lisa Swaine, a partner at Webber Wentzel, revealed that there has been a significant increase in Professional Indemnity claims in the last couple of years, particularly in the built environment.

Barriers to quality are noticed in procurement, design and construction. In the current and competitive tendering environment, professionals and contractors are signing onerous contracts with high emphasis on price and shortened project periods. Design is fraught with inadequate detail and specification, the deployment of often unsupervised, cheaper junior professionals on projects, and poor design co-ordination. The construction industry is plagued by skill shortages and a lack of skilled supervision and quality control. Together with the degradation in quality is reputational damage as companies are slated in the media. And of course, the knock-on effect of a damaged reputation is financial.

Swaine spoke of numerous professional indemnity claims involving professional consultants providing services on poorly co-ordinated and managed projects, with inadequate documentation, information, detail and specification, restricting work, altering design, limiting supervision and working with other professionals and contractors equally constrained by clients' shortened project times and restrictive budgets. As quality is fundamental to the design process and ultimate construction, it goes without saying that it is destined to deteriorate if professional services are unduly hindered, restricted or curtailed. Disaster strikes, projects fail, and professional consultants are amongst those in the firing line. Claims usually run into many millions and very often into the billions.

As projects are few and far between and professional fees earned are being reduced, professionals find themselves taking on as much work as possible to stay afloat and this is when errors or omissions are most prevalent.

With the looming economic crisis we often see professionals cancelling their insurance or reducing their cover (in order to save money), however, this is the time when professionals should be more cognizant of the risks that they face, the potential damage to reputation in the instance of a professional indemnity claim, as well as the time spent trying to resolve the matter.  Purchasing and maintaining your professional indemnity policy will provide professionals with the necessary peace of mind required – particularly when the crisis occurs!

The question is, can a professional afford to NOT purchase sufficient professional indemnity, particularly in what is currently a dire economic climate?

 

Article courtesy  of Carmargue Underwriters

 

WATER DAMAGE RISK MANAGEMENT





The last 3 years there have been numerous insurance claims for damage to Buildings caused by rainfall & flooding. The following  demonstrate the various ways in which this damage may occur, and to suggest ways in which the risk of an incident, and the magnitude of any consequential damage, may be reduced.

The unusual rainfall patterns seen in recent years have caused flooding problems in areas historically considered to be low at risk, and both the frequency and size of losses have increased significantly.


Rainfall: Building Maintenance


The fabric of the building must be well maintained for protection against the elements. All buildings need frequent and careful examination. Those in elevated positions, exposed to prevailing winds, are particularly at risk from rain entry. The following regular checks are necessary and appropriate remedial action should be taken:

  • Check the roof and replace any loose or damaged tiles, slates, ridge tiles and any other roof claddings or flashings.
  • Check that flat roof coverings are in good condition, not showing evidence of cracks or splits and are firmly stuck down, particularly at joints. Remember that bitumen felt flat roof coverings must be checked every 3 years.
  • Check the condition of roof lights for leaks and cracks or breakages.
  • Check and repair as necessary all cement fillets and brickwork pointing, including chimneys, coping stones, lintels and ledges.
  • Check that roof gutters and down pipes are clean and unobstructed, kept free from leaves and vegetation. These should be cleaned at least once a year, possibly more often depending on local trees etc.
  • Check that if gutters overflow in storm conditions the water will be discharged outside the building. This is particularly relevant to valley gutters and those which run behind parapets, where overflow outlets should discharge through the parapet to the outside of the building. Overflow weirs should be considered if not already fitted.
  • Check all internal drainpipes
  • Are they protected from mechanical damage and securely fixed?
  • Are all inspection covers and rodding eyes easily accessible and free from internal obstruction?
  • Are the covers securely fixed to prevent leakage?
  • Check the condition of underground drains
  • Lift manhole covers and check that the drains are clean
  • Make sure that the water runs freely without backing up inside the manhole
  • If the pipes are dirty, or the water appears to run more slowly than would be expected, have the drainage system cleaned
  • Check that all gullies, gratings and drainage channels both inside and outside the building are clean and free from obstruction.
  • It is possible that, despite having done all these things, you might still encounter problems with rainwater drainage systems. Typical problems are:
  • Gutters that regularly overflow (even though they are clean and well maintained).
  • Constant damp patches on walls
  • Puddles that collect on flat roofs in wet weather.

These indications of inadequate drainage design will need specialist attention and you should seek professional advice.

MOTOR WARRANTY INSURANCE


Is your vehicle over 3 years old or has your Motor factory warranty expired?

If your vehicle suffered any form of mechanical damage (not covered by your comprehensive motor insurance policy), do you have enough cash put aside to afford the repairs?  

Stress no further, we are happy to announce the launch of our new Motor Engage warranty policy. For as little as R165pm you can insure against mechanical damage to the Engine and other components.

A policy can be issued on its own (stand alone) or it can be added to our existing clients Domestic or commercial Insurance policy.

Cover is determined by:

* Age of the vehicle

* Odometer readings at inception

* Vehicle type

* Mechanical condition


Here is a breakdown of cover  available, with the limits applicable.

Components                             Diamond    Double Platinum    Platinum             Gold            Bronze 

1. Engine                                      R50 000             R36 000          R18 000             R8 500          R6 500

2. Gearbox                                   R35 000              R25 000          R12 500            R6 000          R4 000

3. Differential                                R35 000              R25 000          R12 500            R6 000          R4 000

4. Differential Lock                       R20 000              R15 000           R  7 500            R5 000         R3 000

5. Transaxle                                  R20 000              R15 000           R  7 500            R5 000         R3 000

6. Transfer Box                             R20 000              R15 000           R  7 500            R5 000         R3 000

7. Electrical components             R20 000               R15 000          R 10 000           R7 000          R3 000

8. Supplementary components   R20 000               R15 000           R10 000            R7 000         R3 000


Premium per month           Diamond        Double Platinum    Platinum        Gold            Bronze

 (including VAT)                               R600                      R420                R295             R205            R165



Terms and conditions that apply:

* Vehicles between 10 and 15 years - Bronze

* Mileage between 180 000km and less than 300 000km - Bronze

* Vehicle must be of sound mechanical condition and have a roadworthy certificate.

* Not applicable to Taxi's, rental vehicles, exotics, security vehicles, rebuilds or modified vehicles as well as vehicles used in any form of motoring competition or sport.


Exclusions:

* Further or additional loss from primary cause of failure

* Parts not specified in the "components section" of policy wording

* Repairs undertaken without prior authorization of the Administrator

* Damage resulting from fitting of experimental units, or modification

* Standard services or service parts whilst vehicle is being maintained

* repairs from disconnection or tampering with odometer

* gradual deterioration in operating performance

* repairs, replacement or alterations not accompanied by VAT invoice

* Mechanical/electrical failure recoverable under another policy

* Damage resulting from water, foreign substances, incorrect or contaminated fuel, defective workmanship or poor products

* Re-gassing of air-conditioner

* Oil leaks and/or damages as a result thereof

* Cause of breakdown evident prior to effective date of policy

* Hoses, pipes, auxiliary belts, fan blades, CV rubber boots and dust covers


We have such faith in our Products that we Insurance Brokers use them ourselves.

Leave your details on our website or phone us on 031-5021922 for assistance with this unique product offering.


Written by Andrew Ensor-Smith 18/02/2020

Don’t use public Wi-Fi for online banking in South Africa




 

South African banks have advised against using public Wi-Fi connections for online banking.

This follows a recent statement from ESET Southern Africa, who warned that South Africans should be wary when connecting to public hotspots.

There have been situations where the networks are not authenticated at all, or where you have to authenticate and give your personal information to unknown parties, which is putting yourself at risk.

 Cybercriminals often create malicious hotspots in public areas where they steal personal information which you send over the Internet through a man-in-the-middle attack.

 

These hotspots are not easily identifiable as malicious and often have a very similar network name (SSID) to the official public Wi-Fi hotspot in the area.

A number of South Africans may even use online banking when connected to a public Wi-Fi hotspot, making them a prime target for this type of attack.

 South African banks were asked how they secure their networks and whether their customers should use public Wi-Fi for online banking.

FNB

FNB said it recommended that customers use its banking app rather than online banking, as it is zero-rated.

“FNB strongly recommends the use of our award-winning banking app for our customer’s day-to-day banking needs as well as for when travelling abroad,” the bank said.

“It is preferable that customers connect to their cellular network.”

“Within South Africa using the FNB banking app does not incur data costs for the customer – the customer just needs an active mobile connection.”

The bank told MyBroadband that its online portals are securely encrypted in line with industry standards, which means that all data sent between customers and the bank cannot be intercepted.

“At FNB we use industry-standard security protocols to ensure that all information between customers and FNB is encrypted,” FNB said.

 

Absa

Absa head of fraud strategy Ulrich Janse van Rensburg told MyBroadband that security measures are implemented to prevent man-in-the-middle attacks on unsecured networks.

“At Absa, we build our systems in line with the highest local and global security standards and apply very strict protocols on both our app and online services to ensure the safety of our customers,” Janse van Rensburg said.

“We apply security measures to protect our customers on any data platform – public Wi-Fi included. Our app and online services are safe to use.”

However, Absa recommends that customers avoid public Wi-Fi due to the potential exposure to malware or spyware.

“We do however discourage our customers from using public Wi-Fi or public devices for the purposes of banking,” Janse van Rensburg said.

“These public platforms (Wi-Fi or devices) may be used to install other malicious software (including malware) to the unsuspecting customer which could be used to source the customer ‘keys to the safe’ (card PIN, card CVV, card One Time PIN (OTP), online banking PIN or online banking password) and be used for malicious vectors such as phishing.”

“In summary, we discourage the practice and recommend that customers download our latest mobile banking app,” he said.

“It is the safest way to bank and customers qualify for a free Digital Warranty if they adopt the latest controls.”

 

Nedbank

Nedbank said that all communication between its servers and clients is encrypted, but recommended that users avoid public hotspots.

“All electronic communication that happens between our client’s device (whether phone or computer) and Nedbank’s systems happens via a custom encrypted channel so that nobody listening in on the WiFi communication can read that information,” the bank said.

“That being said, it should be remembered that no public Wi-Fi can ever be deemed totally safe, because the client’s device may be compromised in other ways.”

“We therefore recommend that our clients do not make use of public WiFi without a trusted VPN (Virtual Private Network) that encrypts all communication that passes over the WiFi channel,” the bank added.

Nedbank also recommended that clients use the latest antivirus software on relevant devices and also ensure their devices have been patched with the latest system updates.

 

Standard Bank

Standard Bank said that it uses HTTPS to secure its banking sessions, but added that customers should avoid untrusted networks.

“Any network owned by someone you don’t trust can pose a threat,” the bank said. “We use HTTPS/TLS for all internet banking activity to protect users banking sessions from tampering.”

“Customers should be cognizant that there may be other threats to their devices on the open network  (and in public spaces generally).”

“Customers should ensure that the public WiFi provider is trusted and reputable – what they should never do is bank from public or shared computers,” the bank added.

Article written By Jamie McKane