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Basic Guide to Compensation for Occupational Fatalities

by admin — last modified 2008-09-12 11:14
When workers die as a result of occupational injuries or diseases, their dependants can claim compensation.

Application

The Compensation for Occupational Injuries and Diseases Act applies to:
  • all employers; and
  • casual and full-time workers who, as a result of a workplace accident or work-related disease:
    • are injured, disabled, or killed; or
    • become ill.
This excludes -
  • workers who are totally or partially disabled for less than 3 days;
  • domestic workers;
  • anyone receiving military training;
  • members of –
    • the South African National Defence Force, or
    • the South African Police Service;
  • any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
  • anyone employed outside the RSA for 12 or more continuous months; and
  • workers working mainly outside the RSA and only temporarily employed in the RSA.

See

Reporting Occupational Fatalities

If an accident or disease causes a worker’s death, the employer must submit the following immediately:
  • report of accident or disease;
  • death certificate indicating the cause of death;
  • if the worker leaves a widow/widower and children under 18 years: 
    • marriage certificate;
    • birth/baptismal certificates or sworn statements on all children’s dates of birth;
    • compensation claim form (W.CI.3);
    • widow’s/widower’s statement (W.CI.32); and
    • a specified burial account and the receipt, if paid.

Compensation for Dependants

If a widow/widower and/or children are left behind –
  • a lump sum is payable to the widow/widower;
  • a pension is payable to the widow/widower and children.
The widow/widower’s pension is calculated at 40% of the pension that the worker would have received for 100% permanent disablement.
 
Each child’s pension is calculated at 20% of the pension.
 
If there is no widow/widower or children, other dependants can claim compensation.
 
Dependency must be proved in all cases.

Based on Legislation in Section 54, of the Compensation for Occupational Injuries and Diseases Act





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