COID South Africa 2022: Everything you ought to know about injury on duty
According to the South African labour guide, if you get injured, contract a disease or, in the worst case scenario, lose your life, your dependants can claim from the Compensation Fund. No one wishes for these instances, and knowing how COID South Africa operates is paramount.
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Compensation for Occupational Injuries and Diseases, or COID South Africa, has laid out criteria and procedures to evaluate who qualifies for compensation. Knowing this information beforehand is crucial since it helps establish how to go about the process. Apart from outlining the necessary steps you need to follow, these details highlight what you need to know when you experience an occupational injury. So, read on for more.
What is COID in South Africa?
COID is the acronym for Compensation for Occupational Injuries and Diseases. The Compensation Fund compensates employees who get injured or contract diseases resulting from their working conditions.
COIDA meaning
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.
Is COIDA compulsory in South Africa?
All employers must register for workers' compensation. Failing to do so is considered a criminal offence, and the company may be held liable for fines.
Who qualifies for COID?
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You can claim compensation if you 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
You are not legible to lay a claim if you:
- Are a domestic worker employed at a private home
- Are a member of the South African Police Service
- Are a member of the South African National Defence Force
- Are found guilty of willful misconduct unless you are seriously disabled or killed
- Do not work under the control of an employer; for instance, if a subcontractor has employed you
- Are 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. 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
Who pays into the fund?
Employers contribute to the Compensation Fund once a month. They do not deduct money from your monthly wages as a contribution to the kitty. The compensation commissioner approves workers' claims and disburses funds to eligible applicants.
Your employer must pay you for the first three months after the accident. The compensation fund will pay the employer back. If your employer has insurance to cover workplace injuries, the insurance company will cater for the compensation. In this case, you will still make your claim to the compensation commissioner.
Which injuries and diseases are covered?
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The fund caters to workplace injuries and occupational diseases as stipulated in Schedule 3 of the Compensation for Occupational Injuries and Diseases Act (130/1993). However, you will need to provide a medical report as evidence to prove the situation at your workplace caused the disease or injury.
What qualifies an injury on duty in South Africa?
You cannot make a claim for pain and suffering. However, you can claim for the loss of movement or use of your body.
How much do I get paid for injury on duty in South Africa?
The compensation you will receive depends on how much you earned when you got the injury or when the diagnosis was made. If the condition forces you to stop working, your compensation will be determined by what you would have been earning.
If an employee dies due to a work-related injury or disease, their dependants can claim from the compensation fund.
How much do you get for injury on duty?
The level of injury also determines the compensation amount. The compensation types are categorised into four, namely:
Medical costs
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In this category, the fund caters to your medical expenses for up to 2 years after the injury, accident or diagnosis. It includes your transportation to the medical facility and back home. You can choose your medical service provider and submit the details to the commissioner.
Temporary disability
You qualify for this category if you cannot work because of an occupational injury or disease. A doctor has to recommend you stay away from work for more than three days. You will be compensated for the days you could not work if they were more than three days.
Permanent disability
This category means you sustained a permanent disability due to an occupational injury or disease. In this case, the doctor's report ascertains you can never recover from the condition or disability. The level of disability is rated from 100% to 1%, depending on its seriousness.
Death
If a family's breadwinner succumbs to an occupational injury or disease, their dependents can claim from the fund. The compensation amount depends on the applicant's relationship with the deceased employee. The amount paid to the family cannot be more than the pension the deceased would have received.
The spouse and children under 18 years are entitled to this compensation. If the deceased had no spouse and kids, their parents would be paid the compensation amount. You will need to present the certified copies of the following documents to claim compensation for a family member's death:
- Death certificate
- Marriage certificate
- Children's birth certificates
- Declaration by the spouse (form WCL32)
- The employer's incident report
- Funeral accounts (form WCL46)
- Details of your income and property
How long do you have to report an IOD in South Africa?
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If you get injured at work or are diagnosed with an occupational disease, follow these steps to claim compensation:
- Inform your supervisor or employer immediately. If possible, provide details of a probable witness.
- Fill in the WCL 2 form.
- Your employer will report the incident to the compensation commissioner. They will fill in the WCL 3 form if they do not believe you. The employer must report the injury or disease within 7 to 14 days.
- 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.
- If the injury or disease takes long to heal, the doctor will fill in the WCL 5 form and send it monthly until your condition fully stabilises. The form will summarise the days you will be away from work and determine if you can return to work.
- Your employer will fill in the form WCL 6 form to inform the commissioner that you are back to work and how much they paid you in compensation.
You and the employer must keep copies of the injury on duty forms. The commissioner will evaluate your claim and decide how much your compensation is worth. You will receive a claim number which you will use for all the paperwork relating to the claim.
An appeal about the decision can be made within three months if your claim is rejected. Do so by filling in and sending the W929 form to the commissioner. It is essential to note the compensation takes a long time to process.
The procedure and criteria COID South Africa uses for compensating victims are detailed above. Remember, the process is time-sensitive and chronological. Failing to follow the procedure might result in your claim's rejection.
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