Choose the most correct answer from the options given below. Jane owns a garden company and her employee Sam broke his arm while felling a tree. Jane does not want to offer Sam compensation because he broke his arm because he was talking on his phone to his wife, while he should have been working. There were no eye-witnesses. Sam claims the belt attaching him to the tree was broken. What does the Compensation for Occupational Injuries and Diseases Act 130 of 1993 say? Select one:
A) The employee must prove that it was the employer’s fault with photographic or video evidence in order to claim compensation.
B) The employee must prove that he or she was at work at that time with eye witnesses, in order to claim compensation.
C) The employee does not have to prove that it was the employer’s fault in order to claim compensation (although if the employee can prove this, he or she can apply for more compensation). The employee must only show that the injury or illness arose because of or during work.
D) The employee must prove that it was the employer’s fault or that the equipment was faulty in order to claim compensation.
E) The employee must prove that he or she was focusing 100% on the job in order to claim compensation.
