All employers must register with the Compensation Fund so that their workers can claim compensation for occupational injuries and diseases. All registered employers (with a few exceptions) pay an annual assessment fee.
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
Who Must Register?
Anyone who employs 1 or more workers must register with the Compensation Fund and pay annual assessment fees. A separate registration is necessary for each separate branch of a business, unless an arrangement for combined registration has been made.
Based on Legislation in Section 80, of the Compensation for Occupational Injuries and Diseases Act
Benefits of Registration
Employers are protected against civil claims if a worker is injured on duty.
Workers who are injured on duty can claim compensation for temporary or permanent disablement.
If workers die as a result of an injury on duty, their dependents can claim compensation.
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.