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 three 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 South Africa and only temporarily employed in South Africa.
Compensation for Occupational Injuries and Diseases Act
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.
Claiming Compensation for Occupational Injuries and Diseases
Workers or their dependants 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.
Claiming Procedure
Employers must submit the required forms to the Compensation Commissioner within seven days after an injury and within 14 days of being notified of the diagnosis of a disease.
An acknowledgement card or postcard will be sent to the employer informing them of the Commissioner’s decision.
Source: https://www.labour.gov.za/DOL/contacts/Labour%20Centres/labour-centres-gauteng-south (accessed 30 March at 3pm)
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