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

No common law obligation 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: COIDA provides for the payment of compensation in respect of: 1.Occupational injuries. 2.Death as a result of such injuries. 3.Occupational diseases. To qualify for compensation, the injury must have been: To qualify for compensation, the injury must have been: ◦ Caused by an accident. in course of the employee’s employment ◦ Arising out of and in course of the employee’s employment.

Application of the Act An employee is someone who entered into or works under a contract of employment with an employer. Excluded are: Excluded are: military service or undergoing military training 1.Persons performing military service or undergoing military training (not permanent members); members of SANDF and SAPS 2.Permanent members of SANDF and SAPS while acting in defence of the country; 3.Domestic servants 3.Domestic servants employed in private households; contract for the carrying out of work 4.Persons who contract for the carrying out of work and themselves engage other persons to perform the work (like independent contractors & sub-contractors) 5.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 12 months are deemed to be employed in the RSA and enjoys protection in terms of the Act.

Duties of the employer 1. Details of the business must be send to the Compensation Commissioner. 2. A person not resident in RSA and who carries on business in the RSA must provide the Commissioner with: a.the address of its head office and b.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. 3. An employer must keep records for 4 years of all his employees, wages paid and time worked. 4. End of March every year a statement regarding wages paid to employees is submitted to the Commissioner – the Commissioner then determines an amount to be paid to the Compensation Fund by the employer.

Procedure to claim compensation 1. Employee notifies employer verbally or in writing of an accident as soon as reasonably possible, as well as the intention to claim. 2. Employer notifies the Compensation Commissioner within 7 days and prescribed forms are submitted. 3. Claim must be lodged within 12 months of the date of injury / death.

Right to compensation 1. Employer-employee relationship must exist. a.Contract of employment must exist. b.Person must fall within the definition of an employee in terms of the COIDA. 2. An accident must have caused the injuries or death. a.Takes place suddenly and unexpectedly. b.Accident must result in injury or death of the employee. in the scope of employment. 3. Accident must have occurred in the scope of employment.

Accident must have occurred in the scope of employment: Accident must have occurred in the scope of employment:  In relation to his duties / in the course of his service, eg. Accident occurs... a.On the work premises. b.While employee is working. c.While employee is promoting the interests of his employer. (Whether the act is illegal, prohibited/not authorised) d.While employee is conveyed to and from work (by employer and in vehicle supplied by employer) e.While employee with consent of his employer receives training in rescue work, first aid or other emergency services. f.While employee is only partially promoting his employers interests.

Compensation No periodical payments are made for temporary disablement which lasts for 3 days or less. If the accident is the result of serious and 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 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.

Temporary total disablement Periodical payments of … ◦ 75% of monthly earnings (up to the ceiling amount prescribed by the Min. of Labour). 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.

Permanent Disablement Amount of compensation in relation to degree of disablement. Less than 30% disablement: ◦ Lump sum:  (% of disablement ÷ by 30) x monthly earnings x % disablement: ◦ Lump sum:  15 x monthly earnings (between max and min ceiling amounts). 31%-99% disablement: ◦ Monthly pension for life of:  (% of disablement ÷ by 30) x 75% x monthly earnings. 100% disablement: ◦ A monthly pension for life:  75% x monthly earnings

Death of an employee Widow/widower: Widow/widower: ◦ Lump sum: 2 x monthly pension for permanent disablement. PLUS ◦ Monthly pension: 40% of monthly pension payable if employee had been 100% permanently disabled. ◦ Receives until death/ remarriage. Children under 18: Children under 18: ◦ Monthly pension: 20% of monthly pension for 100% permanent disablement. ◦ Receives until 18 / marriage / death. Funeral costs: Funeral costs: May be awarded by Commissioner.

Compensation for occupational diseases Employee must prove that he has contracted an occupational disease as set out in Schedule 3 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 12 months from the commencement of the disease.

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 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.

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