By ‘Majirata Latela
The safety and health of workers in the textile industry have come under spotlight following the emergence of reports that a female worker who works at one of the factories suffered debilitating injuries while at work but the company declined to take full responsibility for her treatment.
Matšeliso Lala (44) sustained burning injuries from a printing machine in 2002 but was only compensated M505 by the factory. Adding to her woes, her foot got hurt in an accident involving a forklift in 2008 and to this day she has not been paid a cent by the factory.
Lala started working at Ha Thetsane-based Precious Garments in 2000 after she came to Maseru from Quthing to look for a job.
“In 2002 I was responsible for printing labels on the T-Shirts we were manufacturing. I got burned by the printing machine I was operating. I took two months off from work to heal. Even though my wounds healed externally, I suspect I did not heal internally as my hand still hurts when it is cold.
“After those two months, I went back to work and the factory gave me a paltry M505. I was expecting to get a lot more than that but, no I didn’t. I had to move on because I needed my job back.
“Again in 2008, as I was performing my duties in the factory, I was hit by a forklift in my foot. This time the injury was so bad that I had to stay home for nine months. I was forced to walk with the support of crutches. While I was recovering at home, I would get my full salary as I was on sick leave. The one day I was told to report to work even though I had not fully recovered,” she said.
She duly complied and went back to work, still on crutches. She says her biggest challenge is working in winter because her hand and foot hurt when it is very cold.
She says she sometimes has to stay home during cold days because the pain is unbearable.
She shows that she that she has laid a claim for the injury on the foot and after some months she was told to go the ministry of labour to lay a claim. At this point Lala was expecting her compensation when she was only told about labour. She laid a claim by filling in the necessary documents in which also noted the doctors; notes.
Since then, she has not heard anything from the labour deprtment.
In addition, she consulted the National Clothing and Textile and Allied Workers Union(NACTWU) which in turn consulted an unidentified lawyer. That has not yielded any fruits.
The persistent pain obstructs her from properly walking as she has to limp.
Questioned about such incidences, Advocate Rethabile Mofolo of the labour consultancy firm Tharollo Consultancy indicated that all manufacturing industries in Lesotho are obliged by Workmen’s Compensation Act of 1977 to have a workmen’s compensation insurance. She said all the factories that are insured, have to file for compensation with the department of labour.
Although she noted a nagging delay for processing of compensation, she was convinced that claimants do get their dues. She said although it takes time to get compensated but workers finally She advised Lala to contact her offices in order to deal with the case.
The deputy secretary of NACTWU’ Sam Mokhele said yesterday the union was aware of Lala’s claims, adding the trade union was attending the matter.
He said according to labour laws in Lesotho, the factory management has to ensure sure that the injured workers fill workmanship compensation forms so as to be compensated.
“In this case what we have found out while doing our own investigation why Lala has not been compensated yet is that the factory did not submit her forms on time to the ministry of labour. The ministry of labour is responsible for making sure the payment is done when the files have been submitted to their offices.
“We did approach the factory and showed them that they are the ones who are responsible for the fact that Lala did not get her compensation as they are the ones who failed to submit her forms on time. The management is on denial that they are the ones who delayed.
“We as the union have taken upon the matter and trying all we can to assist Lala and make sure she gets compensated. We have involved a lawyer because we realised that out of frustration Lala involved many people and there is a lawyer who helped her on the matter but not to finality. We have been trying to locate and find that lawyer,” Mokhele said.
Labour Commissioner, ‘Mamohale Matsoso, said that all employers are forced by the law to enter in a contract with the insurance company which will pay workers all their expenses incurred when injured at work. The compensation includes the salary if the worker was not paid during sick leave.
“The workers will be examined by the doctor to say if the injury needs compensation or not. There are other injuries which are not compensated even if one incurs them while in the line of duty. For example, in the factory if one gets pieced by a needle one cannot be liable for compensation.
“However, injuries which will require one to stay home for at least two weeks or more can be compensated. Insurance companies will asses the injury based on the medical record given. In most cases I have seen some of the compensation requisitions quarried due to very inflated rates.
“To address the situation where most of the compensation requisitions are rejected, we are currently holding workshops with companies to educate them on how to file for compensation. It is at these workshops where we try to avoid situations where some of the claims are rejected because companies do not know which and when claims could be laid. With Lala’s case we need to find her files and see how far the claim is,” she indicated.
According to Alliance Insurance company, over 130 countries, including Lesotho, have compulsory workmen’s compensation programmes. In most of the cases, it is a public scheme backed by statutes. Workmen’s compensation is an economic bargain between workers and employers underwritten by the government in terms of which injured workers are guaranteed statutory benefits financed by employers. In return, the workers forego their common law right to sue the employer for damages.
The insurance said Workmen’s Compensation is an ex-ante contract between employers and workers in terms of which prescribed benefits are paid for accidents and diseases arising out of and in the course of employment.
It has said both parties have something to gain from this arrangement-employers are relieved of the uncertainty that comes with the possibility of being sued in delict. At the same time, workers are assured of compensation as the need to prove fault on the part of the employer is dispensed with. The employers transfer the liability risk to the insurance companies who then issue an insurance policy contract
