Ouch or Not so Ouch

OUCH OR NOT SO OUCH? THE PROCEDURES RELATING TO WORKMENS COMPENSATION

Injuries on duty constitute the "stuff" that most employers have nightmares about. All injuries on duty or diseases contracted during the course of employment are covered by the Compensation for Occupation Injuries and Diseases Act (COIDA) of 1993 (amended in 1997) which determines how (and by whom) the fund is administered and whether employee are eligible for 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 Act only excludes the following employees:

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 willful 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.

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.

By registering as an employer you are protected against civil claims if a worker is injured on duty and it means that your employees who are injured on duty can claim compensation for temporary or permanent disablement.

Once you have registered, you will be required to pay annual assessment fees which are calculated on a formula based on workers’ earnings and the risks associated with the type of work being done. These assessment tariffs are reviewed annually and employers fall into one of numerous classes, each with its own assessment tariff.　

The procedure for reporting an accident is as follows:

Employers must fill in Part A of the W.Cl.2 form (Annexure A). You can get the form at any labour centre or on the intranet. This is the responsibility of the Employer who must ensure that the form is accurately and speedily completed.

The Employer must tear off Part B of the W.Cl.2 form and give it to the doctor or hospital as soon as possible. In emergency/serious cases Part B must be given to the hospital immediately upon the admission of the employee.

The Employer must submit the completed form to the Compensation Commissioner (preferably by fax or registered mail) on the day that the forms are received and must retain proof of service.

Employers must send the First Medical Report (W.Cl.4) (Annexure B) as soon as they receive it from the doctor.

If the worker stays away from work for longer than 3 (three) days, employers must get the Progress Medical Report (W.Cl.5) from the doctor and send it to the Fund every month.

When the employee resumes duties, the Employer must submit the Resumption Report (W.Cl.6) (Annexure C) together with the Final Medical Report (W.Cl.5), together with supporting documentation to the Commissioner and must retain proof of service

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.

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