Legal route available to claim outstanding COID payments
Doctors who experience problems with delays in the payment of claims by the Compensation Commissioner, have the option to embark on individual legal action to recover the outstanding amounts. Following discussions between SAMA and a firm of attorneys a simple uncomplicated legal process is now available to doctors that could facilitate payment.
The attorneys will send a letter of demand with details of the amount claimed and if payment is not made, an application will be launched in Court. Doctors must sign an affidavit, but will not be expected to appear in court unless the Commissioner disputes that the doctor has performed the work for which he/she claims remuneration. The attorneys have already instituted successful legal action.
Doctors pay no fees up front and there are no payback conditions. The attorneys will bear the cost of legal fees and disbursements arising from the legal action in exchange for a contingency fee of 7% of the amount recovered by the doctor a a result of the letter of demand. Once the application has been launched the contingency fee will be 8,75% of the amount recovered. The attorneys will only be entitled to such fees once the doctor has received payment from the CC. These fees have been negotiated for SAMA members only and will apply retrospectively for those members who are already clients of the attorneys.
SAMA explored this option on offer and is satisfied that doctors would benefit from this legal process. The firm of attorneys have set up a co-ordinated legal process that doctors nationwide can utilise to pursue action against the relevant authorities. If a sufficient number of doctors follow this route the Department of Labour will, hopefully, implement measures to streamline its claims process.
Below is an information brochure provided by the attorneys that explains the process in more detail. Alternatively, contact Magda Naudé on 012
481-2042 or online@samedical.org or the attorneys, Kevin Duke on 082
3774323 and Ian King on 082 882 5807.
