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Basic Guide to Compensation for Occupational Injuries and Diseases

by admin — last modified 2008-09-12 11:19

Compensation claims for occupational injuries and diseases are calculated according to the seriousness of the injury or disease. Injuries or diseases caused by the negligence of a worker’s employer or another worker may result in increased 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

Compensation for Occupational Injuries and Diseases Act

Workers who are affected by occupational injuries and diseases are entitled to compensation

Compensation for Occupational Injuries and Diseases

Workers are entitled to compensation if they are injured while working or contract any work-related disease.

The types of compensation paid to workers for injuries or diseases are: Medical aid, temporary disablement, permanent disablement and fatalities.

Increased Compensation due to Negligence

Workers may apply for increased compensation if they are injured or contract an occupational disease due to the negligence of –

their employer; or
a worker who acts for the employer.

Based on Legislation in Section 56, of the Compensation for Occupational Injuries and Diseases Act

Based on Legislation in Section 65 and Section 66 of the Compensation for Occupational Injuries and Diseases Act

Claiming Compensation for Occupational Injuries and Diseases

When to Submit Claims

Workers or their dependants must submit claims for compensation to the Compensation Commissioner, their employer or the relevant mutual association within 12 months of the injury or diagnosis of a disease, or the date of death.

Based on legislation in Section 43, of the Compensation for Occupational Injuries and Diseases Act

Claiming Procedure

Employers must submit the required forms to the Compensation Commissioner within 7 days after an injury and within 14 days of being notified of the diagnoses of a disease.

An acknowledgement card or postcard will be sent to the employer informing them of the Commissioner’s decision.

Based on Legislation in Section 41 of the Compensation for Occupational Injuries and Diseases Act

Sections

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