Compensation Commissioner

Application of the Act

In terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) of 1993, an employee is defined as 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. The Act is however, not applicable to
domestic employees working in private households. An employer,
on the other hand, is any person including the State, who employs
an employee.

What is an occupational injury? (accident)

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

Which occupational injuries (accident) 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.

The delay to report an accident or alleged accident is a criminal
offence. The Commissioner may also impose a penalty on the
employer, which could be the full amount of the claim.

Who must register?

All persons who employ one or more persons in connection with
their business or farming activities are required to register and to
pay annual assessments to the Compensation Fund. These
amounts may not be recovered from employees. A separate
registration is necessary for each separate branch of a business
unless an arrangement for combined registration has been made.

The revenue of the Compensation Fund

The revenue of the Compensation Fund consists mainly of annual
assessments paid by the registered employers on a basis of a
percentage or fixed rate of the annual earnings of their employees.
The Act however, makes provision for a minimum assessment to
ensure that the assessment is not less than the administration costs.

At the end of January each year, statements of earnings forms are
sent to all the registered employers. These forms must be
completed and returned not later than 31 March. The financial year
of the Compensation Fund runs from the 1 March to the end of
February of the next year.

The Compensation Fund is also protected by provisions which
permit the imposition of penalties on employees who fail to pay
assessments, or render wage returns, at a rate of 10% of the
assessment.

What is regarded as wages/earnings?

For the purpose of assessment, earnings mean any payments made to an employee which arise out of his employment and include:
• Salaries/wages,
• Commission,
• Cost of living allowances,
• The value of food and rations supplied free of charge,
• Incentives, bonuses, bonuses of a regular nature to which a
workman is in terms of his/her service contract, entitled to; such
as a 13th cheque, and
• Overtime of a regular nature.

Procedure when reporting an occupational injury (accident)

If an employee believes that he has been injured in the workplace or as a result of a working condition, a claim can be filed with the
State- appointed Compensation Commissioner who will evaluate the claim against a schedule of common workplace injuries and
diseases.

An employee must provide some documentation from approved
medical practitioners to support his/her claim.

The W.CI.2 referral form needs to be completed and submitted to
the Compensation Commissioner at PO Box 955, Pretoria, 0001.
If the claim proves successful, the employer is liable for the payment of compensation for the first three months from the date of the occupational injury.

Benefits of the employer

The Act makes provision for the payment of compensation to
employees that have sustained an injury on duty. The employer is
also protected against all civil claims that may be instituted against
him in the event of an injury on duty, even in the event of alleged
negligence.

An employee who is injured on duty is entitled to the payment of
compensation in respect of temporary total disablement, permanent disablement (according to the degree of disablement) and death.

Reasonable medical aid expenses arising out of an injury on duty
are payable for a period of two years, or longer if further medical
treatment will reduce the extent of the disablement.

Further Information

For further information please contact the Compensation Commissioner at:
Tel: (012) 319 9111
Fax: (012) 326 7889/ 323 8627
Assessments: (012) 319 9203
Compensation: (012) 319 9269
Compensation House
Cnr. Hamilton Street & Soutpansberg Road, Arcadia, 0001

Relevant legislation: Compensation for Occupational Injuries ad Disease Act, 1993
Compensation fort he Occupational Diseases in Mines and Works
Act
Basic Conditions of Employment Act, as amended, ss 22-24

FOR MORE INFORMATION CONTACT THE CCMA OPERATIONS & INFORMATION DEPARTMENT ON (011) 377-6650 OR THEIR CALL CENTRE ON 0861 16 16 16