Compensation for Occupational Injuries and Disease Act (COIDA)

Registration for Workman’s Compensation

The Compensation Fund is the fund from which claims are paid to employees that are hurt in the cause of duty. The Compensation fund is regulated by the Compensation for Occupational Injuries and Diseases Act (COIDA)

Click on the link below to open the resource.

Handout 4G 12300 Compensation for Injury and Occupational Diseases Act

All employers who employ one or more workers in connection with their business or farming activities are required to register with the Compensation Fund.

Step 1: Fill in the Form - Employers must fill in the W.As2 form. You can get the form at any labour centre or on the website – a copy is in your Personnel Administration File.

Employers must make sure that they complete all the questions on the form. If the Compensation Fund has to follow up on information that they did not complete, it may take a long time to be registered.

Step 2: Send in the Form - When they send the form, employers must also include a copy of the registration certificate from the Registrar of Companies if they are a company or closed corporation, or their ID document if they are sole owners of the business.

Employers can send the form by mailing it to:

PO Box 955

Pretoria

0001

The document below was obtained from the Website of the Department of Labour and is a clear summary of all the key aspects of Injury on Duty.

Click here to view a handout that explains the compensation for occupational injuries and diseases.

Click here to view an explanation about occupational diseases.

Klik hier vir 'n verduideliking van beroepsiektes.

Injury On Duty/Occupational Disease Claims

Reproduced below is the Department of Labour’s Guide in respect of claims of the Compensation for Occupational Injuries and Diseases Act of 1993 (with minimal additional formatting for easier reference):

Who is an Employee? Any person who has entered into a contract of service with an employer. The service contract can be in writing, expressed or implied and applies to temporary, permanent and under-aged workers and is defined in section 1 of the Act. This Act is not applicable to domestic employees employed as such in a private household.

Who is the Employer? Any person, including the state, who employs an employee.

What is an Occupational Injury? It is an occurrence of which the date, time and place can be determined that arises out of and in the course of an employee’s employment and results in a personal injury.

Which Occupational Injuries must be Reported? All occupational injuries or alleged occupational injuries that entail medical expenses and/or absence from work for more than three days must be reported within seven days in the prescribed manner.

Procedure when Reporting An Occupational Injury

Step 1: Complete “PART A” of form WCL.2 “Employer’s Report of an Occupational Injury”, sign it and provide the date where indicated.

Step 2: Detach “PART B” were perforated and forward it without delay to the doctor or hospital concerned. In minor cases, “PART B” must accompany the employee.

Step 3: Complete “PART A”, page 2 in full.

Step 4: Forward the completed form WCL.2 “PART A”, pages 1 and 2 without delay to The Compensation Commissioner, P O Box 955, Pretoria 0001.

The employer is liable for the payment of compensation for the first three months from the date of occupational injury. Refer to the calculation of compensation.

The compensation paid by the employer shall be reimbursed by the Commissioner.

Recording of Occupational Injuries by the Commissioner

Upon receipt of the Employer’s Report of an Occupational Injury (WCL.2) and a First Medical Report (WCL.4), the claim will be considered and if liability has been accepted a postcard (WCL.56) will be addressed to the employer. The claim number allocated will appear on the card.

If liability cannot at that stage be accepted, an acknowledgement card (WCL.55) will be addressed to the employer, providing the claim number allocated.

Employers are requested to quote this number in all correspondence with the Commissioner relating to the occupational injury, as this will greatly facilitate the filing of correspondence and relevant documents on the appropriate file and will expedite the finalisation of the claim.

The basic information to identify a claim is as follows:

• The registered trade name and registration number of the employer as registered with the Commissioner.
• The full names and surnames of the injured employee (not nicknames).
• The employee’s identity number/personnel number and date of birth.
• The date the occupational injury was sustained.
• The abovementioned information is captured on the computer and any discrepancies can result in duplication of claims or that documents cannot be associated with an existing claim.

What is an Occupational Disease?

It is a disease arising out of and contracted in the course of an employee’s employment and which is listed in Schedule 3 of the Act.

Procedure when Reporting an Occupational Disease

An employer must within 14 days after he/she gained knowledge of an alleged occupational disease, complete an “Employer’s Report of an Occupational Disease”, WCL.1(E) and forward it to the Compensation Commissioner, P O Box 955, Pretoria, 001.

The commencement of the disease shall be the date on which the doctor first diagnosed the illness.

Dispatch of Further Documents

Occupational Injuries

• When the First Medical Report (WCL.4) was not posted together with the employer’s report of an occupational injury, it must be obtained without delay and submitted to the Commissioner. In case of prolonged absence, a Progress Medical Report (WCL.5) must be obtained monthly from the practitioner and submitted. When the employee resumes work, a Resumption Report (WCL.6) must be completed and submitted to the Commissioner together with the Final Medical Report (WCL.5).
• The Employer’s Report of an Occupational Injury (WCL.2) must not be kept in abeyance awaiting the medical report.
• The medical reports must not be kept in abeyance until the employee’s condition has stabilised or when he/she has resumed work.

Fatal Occupational Injuries

• If the occupational Injury resulted in the employee’s death, the following documents must be submitted without delay:
• Documentary proof indicating the cause of death.
• If the employee leaves a widow/widower and/or child under the age of 18 years as dependents:
  • A marriage certificate
  • Birth certificate/baptismal certificate/sworn statement regarding the age of the widow/widower
  • Birth certificate/baptismal certificate/sworn statement regarding the age of all the children
  • A Claim for Compensation (WCL.3)
  • A statement by the dependent widow/widower of the deceased employee (WCL.32)
  • A specified burial account and, if paid, also the receipt.

Occupational Diseases

• In the case of an alleged occupational disease, the employer must, irrespective of the WCL 1 (E), also submit the following documents:
• A First Medical Report of an Occupational Disease (WCL.22)
• A Claim for Compensation for an Occupational Disease (WCL.14)
• A Progress Medical Report (WCL.26) must be submitted monthly until the employee’s condition has become stabilised, whereas a Final Medical Report (WCL.26) must be submitted.
• In case of deafness as a result of excessive noise at the employee’s workplace, audiograms must also be submitted.

Medical Expenses

All reasonable medical expenses incurred by or on behalf of an employee in respect of medical treatment necessitated are defrayed by the Compensation Commissioner of the carrier of the risk, provided the occupational injury/disease was reported by the employer in the prescribed manner. Under no circumstances should employees pay the accounts themselves.

Transport of an Injured Employee

• The reasonable expenses incurred for the conveyance of an employee who sustained an occupational injury to a hospital or to his residence will be refunded from the Compensation Fund or by the carrier of the risk.
• The Commissioner of any Regional Office of the Department of Labour may be contracted for any information and assistance regarding matters within the scope of the Act.
• Forms that are required for occupational injuries/disease can be obtained from the above-mentioned offices.

Injuries On Duty/Occupational Disease Claims

The Department of Labour makes provisions for compensation to be paid to employees who are injured at work or who fall ill as a result of an occupational disease – a disease or illness contracted as a direct result of work requirements or conditions. When an employee dies as a result of an occupational injury or disease, the employee’s family is compensated.

Should this happen to one of your employees, it is important that you follow the required procedures exactly and without delay. Injuries that entail medical expenses and/or absence from work for more than three days must be reported to the Commissioner within seven days and occupational disease must be reported to the Commissioner within fourteen days after the employer becomes aware of it.

Although Section 29 of the Act refers to some cases where the employer may be individually liable, generally speaking, employers are liable for payment of compensation to the employee for the first three months that they are on leave due to such an injury or disease and can claim the expenses back from the Compensation Commissioner. Should an employee be off work for longer than three months, any compensation paid to an employee by the employer can be claimed back from the Director-General or mutual association concerned?

Employers must not pay any medical expenses – these must be submitted to the Compensation Commissioner, but it is critical that the employer reports the injury or disease correctly, in the prescribed manner, in order for these to be covered by the Commissioner.

Reasonable expenses transporting an employee to the hospital or his or her home are also covered, provided they are reported correctly.