Amended Compensation for Occupational Injuries and Diseases Act
43. Claim for compensation
as amended by the
Amendment - Compensation for Occupational Injuries and Diseases 1997, and Amendment - Compensation for Occupational Injuries and Diseases Act 1993
Chapter 5 : Claims for Compensation
43. Claim for compensation
(1)(a) A claim for compensation in terms of this Act
shall be lodged by or on behalf of the claimant in the prescribed
manner with the commissioner or the employer or the mutual association
concerned, as the case may be, within 12 months after the date of the
accident or, in the case of death, within 12 months after the date of
death.
(b) If a claim
for compensation is not lodged as prescribed in paragraph (a),
such claim for compensation shall not be considered in terms of this
Act, except where the accident concerned has been reported in terms of
section 39.
(2)
Notwithstanding subsection (1)(a) a claim for compensation by any
seaman or airman may be lodged with the person in command of the ship
or aircraft concerned, as the case may be, except if such seaman or
airman is himself the person in command.
(3) If any
seaman or airman meets with an accident outside the Republic resulting
in death, a claim for compensation shall be instituted within 12 months
after news of the death has been received by any dependant claiming
compensation.
(4) The provisions of section 38 shall apply mutatis mutandis in respect of any failure to institute a claim or in respect of any error or inaccuracy in a claim instituted in terms of this section.
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