Theme 6: Compensation for Occupational Injuries and Diseases Act, 13 of 1993

1. Theme 6:Compensation for Occupational Injuries and Diseases Act, 13 of 1993

2. No common law obligation exists on the employer to pay wages to an employee who is absent due to illness and injuries. • COIDA provides for the payment of compensation in respect of: • Occupational injuries. • Death as a result of such injuries. • Occupational diseases. • To qualify for compensation, the injury must have been: • Caused by an accident. • Arising out of and in course of the employee’s employment.

3. Application of the Act • An employee is someone who entered into or works under a contract of employment with an employer. • Excluded are: • Persons performing military service or undergoing military training who are not permanent Force members; • Permanent members of SANDF and SAPS while acting in defence of the country; • Domestic servants employed in private households; • Persons who contract for the carrying out of work and themselves engage other persons to perform the work. • Persons employed outside RSA are excluded but may be entitled to compensation while performing work in the RSA provided the necessary arrangements have been made with the Commissioner. • Persons working in the RSA for longer than 12months are deemed to be employed in the RSA and enjoys protection in terms of the Act.

4. Duties of the employer • Details of the business must be send to the Compensation Commissioner. • A person not resident in RSA and who carries on business in the RSA must provide the Commissioner with the address of its head office and the name and address of his chief officer in the RSA. The latter will be deemed to be an employer in terms of the Act. • An employer must keep records for 4 years of all his employees, wages paid and time worked. • End of March every year a statement regarding wages paid to employees id submitted to the Commissioner – the Commissioner then determines an amount to be paid to the Compensation Fund by the employer.

5. Procedure to claim compensation • Employee notifies employer verbally or in writing of an accident as soon as reasonably possible, as well as the intention to claim. • Employer notifies the Compensation Commissioner within 7 days and prescribed forms are submitted. • Claim must be lodges within 12 months of the date of injury / death.

6. Right to compensation • Employer-employee relationship must exist. • Contract of employment must exist. • Person must fall within the definition of an employee in terms of the COIDA. • An accident must have caused the injuries or death. • Takes place suddenly and unexpectedly. • Accident must result in injury or death of the employee. • Accident must have occurred in the scope of employment.

7. Accident must have occurred in the scope of employment: • In relation to his duties, eg. Accident occurs... • On the work premises. • While employee is working. • While employee is promoting the interests of his employer.... • While employee is conveyed to and from work. • While employee with consent of his employer receives training in rescue work, first aid or other emergency services. • While employee is only partially promoting his employers interests .

8. Compensation • No periodical payments are made for temporary disablement which lasts for 3 days or less. • If the accident is the result of serious an wilful misconduct of an employee – no compensation is payable, unless it results in serious disablement / death. • Commissioner has the right to award the cost of medical aid, medical examinations or permanent help to perform essential actions to be paid from the Compensation Fund. • Increased compensation may be claimed if the accident or contracting of the disease was due to the negligence of the employer.

9. Temporary total disablement • Periodical payments. • 75% of monthly earnings (max. R15 820 per month). • Temporary disablement lasting longer than 24 months is presumed to be permanent. • In case of temporary partial disablement an equitable portion of the amount will be calculated.

10. Permanent Disablement • Amount of compensation in relation to degree of disablement. • Less than 30% disablement: • Lump sum: 15x monthly earnings (max. R8862 per month and min. R1881 per month). • 30% disablement: • Calculated as a % of the above. • 31%-99% disablement: • Calculated as a % of 100% disablement. • 100% disablement: • A monthly pension for life: 75% x monthly earnings (max. R8862 per month and min. R1881 per month).

11. Death of an employee • Widow/widower: • Lump sum: 2x monthly pension for permanent disablement. • Monthly pension: 40% of monthly pension for 100% permanent disablement. • Receives until death/ remarriage. • Children under 18: • Monthly pension: 20% of monthly pension for 100% permanent disablement. • Receives until 18 / marriage / death. • Total may not exceed that what would have been paid in the event of 100% disablement. • Funeral costs: May be awarded by Commissioner, but may not exceed R9200.

12. Compensation for occupational diseases • Employee must prove that he has contracted an occupational disease as set out in Schedule3 of the COIDA. • An employee will also be covered if he can prove that he has contracted a disease other than an occupational disease and that disease has arisen out of and in his scope of employment. • Claim must be submitted within 12months from the commencement of the disease.

13. Occupational Diseases in Mines and Works Act, 78 of 1973 • Specialised legislation has been implemented due to the nature and character of mines as a workplace. • The Medical Certification Committee for Occupational Diseases is responsible for deciding whether a disease contracted while an employee was performing risk work is a compensatable one. • The Act requires that all persons performing risk work be in possession of a certificate of fitness and to undergo medical examinations at regular intervals. • The act provides for payment of compensation in respect of certain diseases contracted by persons employed in mines. • Benefits are paid by the Compensation Commissioner for Occupational Diseases from the Mines and Works Compensation Fund.

14. END