Our previous article addressed who is eligible for cover by the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 (COIDA).
How to claim compensation in terms of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 (COIDA)
1.Report the Incident
- Injured employees must report the incident to their employer as soon as possible but no later than 12 months after the incident.
- Failure by an employee to notify the employer of the incident within 12 months means that the Compensation Commission will not entertain the claim, and the employee will forfeit their right to compensation, as the claim cannot be considered in terms of the Act.
2.Complete the Necessary Forms
- It is the employer’s responsibility to submit the W.Cl 2 within a period of 7 days to the Compensation Commissioner.
- The completed form must be submitted to the Compensation Commissioner within 12 months of the incident.
Benefits provided in terms of COIDA
- COIDA covers the cost of medical treatment and rehabilitation for the injured employee.
2.Temporary Disability (4 days or longer, but less than 3 months)
- The Employer must pay injured employees who are temporarily unable to work at least 75% of their total earnings, including the value of any food or quarters or both supplied by the employer, any overtime payment or other special remuneration in cash or in kind of regular nature, any other remuneration in cash or in kind to an employee by virtue of their contract of service, including commission, cost of living allowance, and incentive or additional bonuses, from the first day, until the employee returns to work.
- If an employee is injured for a period longer than three months, the employer pays the injured employee at a rate of at least 75% of the worker’s earnings for the first three months; after that, compensation is provided for permanent disabilities based on Schedule 4 of COIDA.
- The widow or dependents can claim compensation if a worker dies as a result of a work-related accident or disease.
- The widow and/or dependents need to submit certified copies of the following documents:
- marriage certificate or proof that the couple lived as husband and wife
- birth certificates or baptismal certificates of children (for proof of children)
- the death certificate
- declaration by the widow/er (form WCL32)
- the employer’s report of the accident or disease
- funeral accounts (form WCL46)
- a special Compensation form must be filled in that details your income and property.
Appealing a Decision with Dispute Resolution
- Employees who are dissatisfied with the Department’s decision regarding their claim have the right to appeal or request a review.
Payments for injuries on duty are an essential safety net for workers. Understanding the COIDA system, eligibility, and the steps to claim compensation is crucial for both employers and employees. By following the guidelines and regulations set out by COIDA, injured workers can receive the support they need to recover and return to work.
Consulting with legal experts who are labour specialists can assist in ensuring compliance with these regulations and procedures when paying an employee for an injury on duty or making a claim in terms of COIDA.