The Workers Compensation Fund provides compensation to employees who are injured or contract diseases through the course of their employment.Employees who get hurt at work, or become sick from diseases caused by their work, can claim compensation from the Workers Compensation Fund. Employers contribute to the Workers Compensation Fund on behalf of the employees.Who must register?

Any employer that has 1 or more employees must register with the Workers Compensation Fund and pay the annual assessment fees.

It is important to remember that as the director of an owner managed company, you are deemed to be the 1st employee of the company.

Who contributes to COIDA?

COIDA applies to the following people:

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

This excludes –

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

The annual assessment is calculated on the earnings of the employees as well as how dangerous the work is.

Which benefits can be claimed for?

Compensation is worked out as a percentage of the wage the employee was earning at the time the injury occurred or at the time the disease was diagnosed.

The following claims are permitted:

·         Temporary Disability

·         Permanent Disability

·         Death

·         Medical Expenses  and

·         Additional Compensation

It is important to note that the Workers Compensation Fund does not pay the worker if the accident is the employer’s fault. The employee will have to take legal action against the employer.

What are your obligations as employer?

All employers are required to:

·         Register with the Compensation Commissioner and furnish the relevant particulars of their business.

·         Keep on file a register of all particulars of each employee as well their earnings

·         Submit an annual return to the commissioner, and

·         Pay the amount required by the assessment from the commissioner.

How to pay the contributions?

The annual return required to be filed by the commissioner can be submitted on-line, after which an electronic assessment is issued and sent to the employer. This assessment will indicate the amount that the employer has to pay. This can be done via EFT payment from the employers’ bank account.

What must the employer do when someone gets hurt at work?

·         Report the accident – The employer must report the accident to the compensation office in Pretoria as soon as possible, but not later than 7 days after the accident.

·         Submit a claim – A notice of an accident and claim for compensation must be completed by an employee. Claims for compensation must be submitted to the Commissioner or employer within 12 months of the date of an accident or death.

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