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.
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.
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
Claiming Compensation for Occupational Injuries and Diseases
When to Submit Claims
Workers or their dependents 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
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
Originally appeared on labour.gov.za on 12-09-2008. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.