Basic Guide to Claiming Compensation for Occupational Injuries

Compensation for occupational injuries is based on the degree of disablement. Workers may be entitled to increased compensation if their disablement is caused by the carelessness of their employer or a co-worker.

Application

The Compensation for Occupational Injuries and Diseases Act applies to:

all employers; and
casual and full-time workers who, as a result of a workplace accident or work-related disease:
- are injured, disabled, or killed; or
- become ill.

This excludes –

workers who are totally or partially disabled for less than 3 days;
domestic workers;
anyone receiving military training;
members of –
- the South African National Defence Force, or
- the South African Police Service;
any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
anyone employed outside the RSA for 12 or more continuous months; and
workers working mainly outside the RSA and only temporarily employed in the RSA.

Claims for Compensation

Claims for compensation must be submitted to the Commissioner, employer or mutual association within 12 months of the date of an accident or death.

Increased Compensation Due to Negligence

Workers may apply for increased compensation if they have an accident due to the carelessness of –

the employer; or
a worker who acts for the employer; or
anyone in charge of machinery.

Source: Labour.gov.za