Occupational diseases are illnesses caused by substances or conditions that the employee was exposed to at the
workplace. Schedule 3 of the Compensation for Occupational Injuries and Diseases Act sets out the working
conditions and diseases caused by these conditions that are covered by the Compensation Fund. An employee can
claim compensation if exposed to these working conditions and then getting the related disease. If a disease is not
listed then employees can claim compensation only if they can prove that the disease was caused by conditions at
work and not by some other factor. Medical evidence and reports will have to be submitted to the Commissioner. It
may also take some time for a disease to become obvious and in such cases employees can claim compensation if
they are no longer at a workplace so long as it falls within the time limits for lodging claims.
The Commissioner will approve or reject the claim. Only if the Commissioner approves the claim, will you get
compensation (for temporary or permanent disability) and your medical expenses will be paid. If the disease gets
worse after a period of time, you can apply to have your compensation increased.
Injuries
Injuries covered by the Compensation Act are only those that occur as a result of or at work. Compensation is paid
for temporary and permanent disabilities that lead to a loss of earnings.
Motor vehicle accidents while working
If a motor vehicle accident happens while an employee is doing their job, then they can get compensation from the
Compensation Fund. But if they are injured in a motor vehicle accident caused by someone else's negligent or
unlawful driving, even if this is on the job, they can also make a third party claim from the Road Accident Fund. The
money received from the Compensation Fund will be taken off the third party payment. For example, if the Road
Accident Fund agrees to pay damages of R15 000, but the Compensation Fund has already paid R10 000, then the
employee will only get R5 000 damages from the Fund.
An employee cannot sue their employer for damages if they were injured on the job. But if the employer caused
injury to an employee while they were NOT on the job, then the employee could sue him or her.
What types of compensation payment are made?
Compensation is paid for getting injured at work or for diseases caused by work. There are four main types of
compensation payments. These are:
• for temporary disability (the employee eventually recovers from the injury or illness)
• for permanent disability (the employee never fully recovers)
• for death
• for medical expenses
• additional compensation
Compensation is always worked out as a percentage of the wage the worker was earning at the time the disease
or injury is diagnosed. If the worker is unemployed by the time a disease is diagnosed the wage they would have
been earning must be calculated.
The Compensation Fund does not pay for pain and suffering, only for loss of movement or use of your body.
Temporary disability
Temporary disability means the employee does eventually get better. If an employee is off work for 3 days or less,
no compensation will be paid (the employee can claim sick leave from the employer). If the employee is off for more
than 3 days, the employee gets compensation which also covers the first 3 days. Temporary disability can be total
or partial:
• Total means the employee is unable to work for a while. The employee will get % (75%) of the normal
monthly wage as compensation. The formula is: monthly wage x 75 ÷ 100, if the employee is paid monthly
(for weekly paid employees, multiply the weekly wage by 4.3 to get the monthly wage)
• Partial means the employee can go to work, but on light duty for fewer hours. If the employee earns less
doing the lighter work, he or she will get % of the difference between the normal and reduced monthly wage.
Physical address:
Moddercrest Office Park
Kestrel Place – Office 003
High Street
Modderfontein
1645
Postal address:
P O Box 3977
Edenvale
1610
Contact details:
Tel: 064 681 6550
Fax: 086 2931 770
Email: info@coidaadvisory.co.za