COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO 130 OF 1993)

CALCULATION OF COMPENSATION TO ALL EMPLOYEES INJURED ON OR AFTER 1 APRIL 2004

BENEFITS TO EMPLOYEES

Benefits to employees injured on or after

1 April 2004.

A. TEMPORARY TOTAL DISABLEMENT

1. Compensation is payable to an injured employee during temporary total disablement by way of periodical payments at the rate of 75% of his monthly earnings up to R13 975,00 per month calculated on a weekly basis on 4 1/3 of R13 975,00 i.e. R3 225,00 per week.
2. The maximum compensation for temporary total disablement is R10 481,25 per month/R2 418,75 per week.
3. No compensation is payable in respect of the first three days of disablement if such disablement lasts for three days or less.
4. Where the disablement lasts for four days or more, compensation is payable in respect of the entire period.
5. To calculate the period of absence from work the first day of absence is the day in which the employee ceases work as a result of the injury or occupational disease without completing his/her full shift. Sundays and Public Holidays falling at the beginning or end of the period of absence are included.
6. Absence from work of seven calendar days (i.e. including Sundays and Public Holidays) is regarded as one week. An absence of five days will thus be regarded as 5/7 of a week.

B. PERMANENT DISABLEMENT

1. Compensation for permanent disablement where the degree of disablement is 30% or less takes the form of a lump sum, based on 15 times the employee’s monthly earnings up to a maximum of R7 830,00 of such earnings. The lump sum payment in respect of 30% permanent disablement is, therefore R117 450,00. Where disablement is less than 30% the lump sum is calculated proportionately. Where the employee’s earnings are less than R1 528,20 per month, the minimum compensation awarded will be calculated on R1 528,20. The minimum amount awarded will thus be R22 923,00 in respect of a 30% disability.
2. If the degree of permanent disablement is 31% or more, compensation takes the form of a monthly pension.
3. The pension for total permanent disablement (100%) is calculated in the same manner as for periodical payments in respect of temporary total disablement. (See paragraph 11.1 section A1). If an employee’s permanent disablement is less than 100%, a pension is calculated proportionately.
4. If the employee’s earnings are R1 528,20 per month or less, the pension is calculated on R1 528,20. The minimum pension in respect of 100% permanent disablement is R1 146,15 per month.

C. COMPENSATION WHERE AN EMPLOYEE DIES

1. The widow/widower is entitled to the payment of:

a. a lump sum to the equivalent of twice the monthly pension to which the employee would have been entitled to if he/she were 100% disabled.

b. a pension equivalent to 40% of the pension to which the employee would have been entitled if he/she were 100% disabled.

2. Each child under 18 years of age is entitled to a monthly pension equal to 20% of the pension which would have been payable to the employee for 100% disablement, provided that the total pension payable to the widow or widower and children does not exceed the amount that would have been payable to the employee when 100% disabled. The maximum pension payable to the widow or widower and children (three or more) is therefore R10 481,25 per month. On remarriage the widow’s or widower’s monthly pension continues and only cease on his/her death. A child’s pension continues until the age of 18 years, or until death or marriage before the age of 18 years.
3. In the case where the child is physically or mentally handicapped, his/her pension continues after he/she reaches 18 years for such a period as can reasonably be expected that the deceased employee would have maintained him/her. Child(children) who, at the time of the employee’s death, was over 18 years of age and physically or mentally handicapped, will also receive a pension for the same period that can reasonably be expected that the deceased would have maintained him/her.
4. The child’s pension may continue after he/she reaches 18 years if there is written proof that the child is busy with secondary or tertiary education. The pension will continue for such a period as can reasonably be expected that the deceased employee would have contributed to his/her maintenance.
5. An amount not exceeding R8 316,00 may be paid towards the necessary burial expenses from the Compensation Fund.

D. MEDICAL EXPENSES

All reasonable medical expenses incurred by or on behalf of an employee may be defrayed from the Compensation Fund.

All medical accounts in respect of Exempted Employers must be submitted to the employer who will be liable for payment.

E. TRANSPORT OF AN INJURED EMPLOYEE

The reasonable expenses incurred for the conveyance of an injured employee to a hospital, doctor or to his residence, will be refunded from the Compensation Fund.

Issued by the Compensation Commissioner, P O Box 955 , Pretoria , 0001.

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO 130 OF 1993)

CALCULATION OF COMPENSATION TO ALL EMPLOYEES INJURED ON OR AFTER 1 MARCH 2003

(A) TEMPORARY TOTAL DISABLEMENT

1. Compensation is payable to injured employees during temporary total disablement by way of periodical payments at the rate of 75% of his monthly earnings up to R12 428,00 per month calculated on a weekly basis on 4 1/3 of R9 321,00 i.e. R2 868,00 per week.
2. The maximum compensation for temporary total disablement is R9 321,00 per month/R2 868,00 per week.
3. No compensation is payable in respect of the first three days of disablement if such disablement lasts for three days or less.
4. Where the disablement lasts for four days or more, compensation is payable in respect of the entire period.
5. To calculate the period of absence from work the first day of absence is the day in which the employee ceases work as a result of the injury or occupational disease without completing his/her full shift. Sundays and Public Holidays falling at the beginning or end of the period of absence are included.
6. Absence from work of seven calendar days (i.e. including Sundays and Public Holidays) is regarded as one week.

(B) PERMANENT DISABLEMENT

1. Compensation for permanent disablement where the degree of disablement is 30% or less takes the form of a lump sum, based on 15 times the employee’s monthly earnings up to a maximum of R6 963,00 of such earnings. The lump sum payments in respect of 30% permanent disablement are, therefore R104 445,00. Where disablement is less than 30% the lump sum is calculated proportionately. Where the employee’s earnings are less than R1 359,00 per month, the minimum compensation awarded will be calculated on R1 359,00. The minimum amount awarded will thus be R20 385,00 in respect of a 30% disability.
2. If the degree of permanent disablement is 31% or more, compensation takes the form of a monthly pension.
3. The pension for total permanent disablement (100%) is calculated in the same manner as for periodical payments in respect of temporary total disablement. (See paragraph A1). If an employee’s permanent disablement is less than 100%, a pension is calculated proportionately.
4. If the employee’s earnings are R1 359,00 per month or less, the pension is calculated on R1 359,00. The minimum pension in respect of 100% permanent disablement is R1 019.25 per month.

(C) COMPENSATION WHERE AN EMPLOYEE DIES

1. The widow or widower is entitled to the payment of:
• a lump sum to the equivalent of two times the monthly pension to which the employee would have been entitled to if 100% disabled;
• a pension equivalent to 40% of the pension to which the employee would have been entitled, if 100% disabled.
2. Each child under 18 years of age is entitled to a monthly pension equal to 20% of the pension which would have been payable to the employee for 100% disablement, provided that the total pension payable to the widow or widower and children does not exceed the amount that would have been payable to the employee if 100% disabled. The maximum pension payable to the widow or widower and children (three or more) is therefore R9 321.00 per month. On remarriage the widow’s or widower’s monthly pension continues and only ceases on his or her death. A child’s pension continues until the age of 18 years, or until death or marriage before the age of 18 years.
3. An amount not exceeding R7 395,00 may be paid towards the necessary burial expenses from the Compensation Fund.

(D) MEDICAL EXPENSES

All reasonable medical expenses incurred by or on behalf of an employee may be defrayed from the Compensation Fund.

(E) TRANSPORT OF AN INJURED EMPLOYEE

The reasonable expenses incurred for the conveyance of an injured employee to a hospital, doctor or to his residence will be refunded from the Compensation Fund.