Compensation for Occupational Injuries and Diseases Act Flashcards
What is the purpose?
It regulates the payment of compensation to persons injured or who contract a disease while working, or to their dependents if they die (previously known as the Workmen’s Compensation Act).
Which employees are included?
All employees are covered, that is including:
Casuals
Contract workers, apprentices, learnership workers
Employees from a labour broker
A deceased worker – his dependents
A disabled worker – a curator will be appointed
When is it used?
The act makes it possible for a sick or injured employee to claim damages from the employer, if the sickness or injury arose from and was in the course of the employee’s work – i.e., employees are compensated whether their injuries or illness were caused through their own fault or due to their employers’ negligence or that of any other person.
The employee may not institute a claim of damages against the employer or any other person for the damages suffered.
Benefits are paid to three categories of claimants:
-Employees who suffer temporary disability
-Employees who are permanently disabled
-The dependants of employees who have died as a result of their injuries or illness
Employers must pay employees who are temporarily disabled their compensation for the first three months of absence from work.
Employers must report all accidents within 7 days and all occupational diseases within 14 days.
If the disability is less than 3 days or if the accident was as a result of deliberate misconduct on the part of the employee, no compensation will be paid, unless:
The accident results in serious disability
The employee dies as a result and leaves a dependent that is completely financially dependent on him/her
