How to file a compensation report

1. According to Act 130 of 1993, the Compensation for Occupational Injuries and Diseases Act, also known as COIDA, is the governing act that covers occupational injuries and diseases. It aims to provide compensation for disablement due to occupational injuries. COIDA act also covers compensation for diseases contracted or sustained or the death of employees during their employment. All employers must register for workers’ compensation. Failure to do so is considered a criminal offence, and the company may be held liable for fines.
   
   

Workers can claim compensation if they are:

• A permanent employee.
• A worker paid by a labour agency.
• An apprentice or trainee farm worker.
• A domestic worker in a boarding house or employed in a business set-up.
  
  

Workers who are not eligible to lay a claim include:

• A domestic worker employed at a private home.
• A member of the South African Police Service.
• A member of the South African National Defence Force.
• Someone found guilty of wilful misconduct unless they are seriously disabled or killed. Someone who does not work under the control of an employer; for instance, if a subcontractor has employed them.
• A worker who worked outside South Africa for more than 12 months without agreeing with the Director General of the Department of Labour.

Claims are only payable if the stipulated channels are used, and the claim is made on time. Workers cannot make a claim for pain and suffering. However, they can claim for the loss of movement or use of your body. Compensation will not be made if:

• The victim was off work for three days or less.
• The victim unreasonably refused to have medical treatment.
• The victim’s wrongdoing caused the accident.
• The victim made a claim more than 12 months after the accident.

Procedure for applying for compensation

1. Employee informs their supervisor or employer immediately after injury. If possible, provide details of a probable witness.
2. Fill in the WCL 2 form (sample below).
3. The employer reports the incident to the compensation commissioner. The employer must report the injury or disease within seven to 14 days.
4. The doctor will fill in the WCL 4 form detailing the severity of the injury or disease. They will send the form to the commissioner.
5. If the injury or disease takes long to heal, the doctor will fill in the WCL 5 form and send it monthly until the employee’s condition fully stabilises. The form will summarise the days the employee will be away from work and determine if they can return to work.
6. The employer will fill in the form WCL 6 form to inform the commissioner that the employee is back to work and how much they paid the employee in compensation.