Injury on the Staircase: High Court Clarifies Scope of Workplace Accidents under COIDA
The Gauteng Division of the High Court, Pretoria, in Bent v Rand Mutual Assurance (Pty) Ltd (Case No: A120/2025) [2025] ZAGPPHC (9 December 2025), provided important clarity on the interpretation of “arising out of and in the course of employment” under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA).
The employee sustained an ankle fracture on 27 July 2022 after slipping on a staircase inside her workplace building in Hatfield. The incident occurred shortly after she had finished work and was leaving the premises, using the stairs due to a malfunctioning lift.
Her employer lodged a claim with Rand Mutual Assurance in terms of section 22 of COIDA. The claim was repudiated on the basis that the employee was not performing her duties at the time of the accident, and therefore the injury did not qualify as an “accident” under the Act.
Following the repudiation, the employee and her employer lodged an objection with the Compensation Commissioner in terms of section 91(1) of COIDA. A tribunal was convened under section 91(2), which upheld the rejection and dismissed the objection.
Aggrieved by this outcome, the employee appealed to the High Court in terms of section 91(5)(a)(i), which permits appeals on questions of law, particularly the interpretation of the Act.
The central question before the Court was whether her injury, sustained while leaving her workplace, arose “out of and in the course of her employment” as required by COIDA.
The Court reaffirmed that COIDA establishes a no-fault compensation system intended to benefit employees and should be interpreted generously rather than restrictively. Drawing on established case law, the Court emphasised that the inquiry is fact-specific and turns on the connection between the employee’s duties and the risk that caused the injury.
Importantly, the Court considered jurisprudence dealing with employees injured while entering or leaving workplace premises. It noted that employment does not necessarily cease the moment an employee stops working, particularly where the employee is still within the employer’s premises.
Applying these principles, the Court found a sufficiently close connection between the employee’s employment and her injury. The act of leaving the workplace—specifically navigating internal staircases—was held to be incidental to her employment. The risk of injury in such circumstances was inherent in the workplace environment.
The Court rejected the respondent’s narrow interpretation that only injuries sustained while actively performing work duties are compensable.
The appeal was upheld with costs. The Court set aside both the tribunal’s decision and the initial repudiation by Rand Mutual Assurance. It declared that the employee is entitled to compensation under section 22(1) of COIDA and remitted the matter to the respondent for calculation of the compensation due.
This judgment reinforces a purposive and employee-friendly interpretation of COIDA. It confirms that injuries sustained while entering or exiting the workplace may fall within the scope of compensable “accidents,” provided there is a sufficient nexus to employment.
This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.
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