COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT,1993 ACT NO 130 OF 1993 FLM Hyera

What is compensation Reasonable medical expenses Replacement of income – 75% of salary up to two years – Thereafter regarded as permanent disablement. Compensation for permanent disablement – schedule 3 Burial costs

LONG TITLE To provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.

Contents ( 11 Chapters) Definitions (44) Administration Compensation fund Compensation Claims Calculation of Comp. Occupational Diseases Medical Aid Obligations of employers Legal procedures General

Administration (2,3,4) Commissioner (appointed by Minister of Labour) Staff Remunerated out of Compensation Fund Delegation of Powers Functions of CC Power to subpoena Appointment of assessors The Compensation Board

Compensation Board members Compensation commissioner as Chair Two nominated by Minister, one recommended by Minister of Health Chief Inspector (OHSA) Rand Mutual Federated Employers HPCSA Three representing Employers Five representing Employees

Compensation Fund Income – Assessments paid by employers – Penalties and Fines – Interest on Investments of reserves Application – Compensation to employees – Reserves – Administration – Medical Costs – Assessors and Witnesses

Compensation Right of employee to compensation Injuries or diseases outside the RSA Seamen and Airmen Mutual Associations Compensation can not be alienated, not part of deceased’s estate. The employee cannot recover damages or compensation from the employer

Compensation The compensation fund pays: – Reasonable medical expenses – Replacement of income - 75% of salary, up to R per year, for 2 years- then considered as permanent – Permanent Disability payments and – Funeral cost

Claims processing Notice of accident by the employee to employer Notice of accident by Employer to the Commissioner Commissioner may make an enquiry Employee must submit to medical examination Notice of accident within 12 months Parties to a claim may appear before the commissioner at a formal hearing

Calculation of Compensation Temporary Total : – Item 1 Schedule 4 : 75% of salary – Employer liable for compensation for first 3 months, then refunded by Compensation Commission Permanent : – Schedule 4 – Death of employee Increased Compensation if Employer was negligent

Permanent Disability Schedule % disabled - Pension 75% of salary More than 30% disabled - Pension calculated as % disablement of 75% of salary 30% Disabled 15 times monthly earnings Less than 30% - Lump sum % disablement Fatal = Lump sum + pension to dependants

SCHEDULE II Loss of two limbs 100% Total loss of sight100% Loss of arm at elbow55% Loss of hand at wrist50% Loss of index finger, 3 phalanges10% loss of little finger, one phalanx 2%

Occupational Diseases Schedule 3 Notice of disease by employee and employer Medical Advisory panels involvement Amendments to schedule 3 after publication in Government Gazette

Schedule 3 Disease – Byssinosis – Leukemia – Decompression disease – Hearing impairment – Pnemoconiosis – Tuberculosis – Occupational asthma – Mesothelioma Work – Flax, cotton, sisal – Benzene – Abnormal pressure – Excessive noise – Fibrogenic dust – M.tuberculosis – Sensitising agents – Asbestos

Medical Aid First Aid – employer (OHSA) Reasonable medical expenses Medical reports by a doctor Contributions by employees prohibited Medical aid provided by employer (sec 78)

Obligations of Employers Register with Compensation Commission (CC) Keep records (register) of wages of employees – 4 years Employer furnish returns of earnings Assessment of Employer Contractor must be registered with CC

Employers exempt from Assessment - Employers individually are liable to: – Employees of the State – Local authority with exemption certificate – Registered with a Mutual association - policy of insurance – Assessments to be paid by the employer

Legal + General Matters Review by CC for: Objections and Appeal within 90 days by the presiding officer, 2 assessors and medical assessor. CC may state case for the Supreme Court Penalties for false statements for Schedules 2, 3, 4

Other matters First medical report – full details are important Report submitted within 14 days of examining Progress reports Final medical report Legal documents