Amended Act - Compensation For Occupational Injuries and Diseases

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za
Department of Labour
REPUBLIC OF SOUTH AFRICA
No. 130 of 1993: Compensation for !!upational "n#uries and Diseases $!t
as amended b%
Compensation for !!upational "n#uries and Diseases $mendment $!t& No '1 of 199(
ACT
)o provide for !ompensation for disablement !aused b% o!!upational in#uries or diseases sustained or !ontra!ted b%
emplo%ees in the !ourse of their emplo%ment& or for death resulting from su!h in#uries or diseases* and to provide for
matters !onne!ted therewith.
+++++++++++++++++
(Afrikaans text signed by the Acting State President.)
(Assented to 24 September 1993)
++++++++++++++++++
,- ") -N$C)-D b% the .tate /resident and the /arliament of the 0epubli! of .outh $fri!a& as follows:1
TABLE OF CONTENTS
CHAPTER I
Interpretation of Act
1. Definitions
CHAPTER II
Administration of act
2. Compensation Dire!tor13eneral and staff
3. Delegation of powers and assignment of duties b% Dire!tor13eneral
4. 5un!tions of Dire!tor13eneral
6. /ower of Dire!tor13eneral to a!7uire and alienate immovable propert% and to raise mone%
'. /owers of Dire!tor13eneral regarding witnesses and subpoenas
(. /owers of authorized person
8. $ssessors
9. ,enefits pa%able to assessors
10. Compensation ,oard
11. Constitution of ,oard
12. 5un!tions of ,oard
13. )erm of offi!e and remuneration of members of ,oard
14. 9eetings of ,oard
CHAPTER III
Compensation Fund and Reserve Fund
16. Compensation fund
1'. $ppli!ation of !ompensation fund
1(. :aluation of !ompensation fund
18. $!!ounting
19. 0eserve fund
20. $!!ounts and audit
21. "n!ome of funds e;empt from ta;
CHAPTER I
Compensation for occupationa! in"uries
22. 0ight of emplo%ee to !ompensation
23. $!!idents outside 0epubli!
24. $ppli!ation of $!t to seamen and airmen
26. $!!idents during training for or performan!e of emergen!% servi!es
2'. .pe!ial !ir!umstan!es in whi!h Dire!tor13eneral ma% refuse award
2(. .pe!ial !ir!umstan!es in whi!h Dire!tor13eneral ma% ma<e award
28. -mplo%ee re7uiring !onstant help
29. =iabilit% for pa%ment of !ompensation
30. 9utual asso!iations
31. .e!urit% for pa%ment of !ompensation and !ost of medi!al aid b% emplo%ers individuall% liable
32. Compensation ma% not be alienated or redu!ed
33. Cession or relin7uishment of benefits void
34. Compensation not to form part of de!eased emplo%ee>s estate
36. .ubstitution of !ompensation for other legal remedies
3'. 0e!over% of damages and !ompensation paid from third parties
3(. )hreats and !ompulsion
$mended Compensation for !!upational "n#uries and Diseases $!t /age 1 of 60
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CHAPTER
C!aims for compensation
38. Noti!e of a!!ident b% emplo%ee to emplo%er
39. Noti!e of a!!ident b% emplo%er to !ommissioner
40. "n7uir% b% Dire!tor13eneral into a!!ident
41. /arti!ulars in support of !laim
42. -mplo%ee to submit to medi!al e;amination
43. Claim for !ompensation
44. /res!ription
46. Consideration of !laim
4'. $ppearan!e of parties
CHAPTER I
#etermination and ca!cu!ation of compensation
4(. Compensation for temporar% total or partial disablement
48. -;pir% of !ompensation for temporar% total or partial disablement
49. Compensation for permanent disablement
60. $mendment of .!hedule 2
61. Compensation for permanent disablement of emplo%ee in training or under 2' %ears of age
62. /a%ment of lump sum in lieu of pension
63. Compensation to emplo%ee previousl% in re!eipt of !ompensation
64. $mount of !ompensation if emplo%ee dies
66. $mendment of .!hedule 4
6'. "n!reased !ompensation due to negligen!e of emplo%er
6(. "n!rease of monthl% pensions
68. $dvan!es on !ompensation
69. Control over pa%ment of !ompensation
'0. /ensioner resident outside 0epubli!
'1. 0e!over% of !ompensation or other benefits
'2. /rovisional settlements
'3. 9anner of !al!ulating earnings
'4. Certain !ompensation to emplo%ers prohibited
CHAPTER II
Occupationa! diseases
'6. Compensation for o!!upational diseases
''. /resumption regarding !ause of o!!upational disease
'(. Cal!ulation of !ompensation
'8. Noti!e of o!!upational disease b% emplo%ee and emplo%er
'9. $mendment of .!hedule 3
(0. $ppointment of medi!al advisor% panels
CHAPTER III
$edica! aid
(1. 5irst aid
(2. Conve%an!e of in#ured emplo%ee
(3. 9edi!al e;penses
(4. .ubmission of medi!al report
(6. Dire!tor13eneral to de!ide on need for& and nature and suffi!ien!% of& medi!al aid
('. 5ees for medi!al aid
((. Contributions b% emplo%ees towards !ost of medi!al aid prohibited
(8. 9edi!al aid provided b% emplo%ers
(9. Consultation of representative medi!al authorities b% Dire!tor13eneral
CHAPTER I%
O&!i'ations of emp!o(ers
80. -mplo%er to register with !ommissioner and to furnish him with parti!ulars
81. -mplo%er to <eep re!ord
82. -mplo%er to furnish returns of earnings
83. $ssessment of emplo%er
84. Certain emplo%ers e;empt from assessment
86. :ariation of tariff of assessment
8'. $ssessment to be paid b% emplo%er to !ommissioner
8(. 5ailure to pa% assessment or other mone%s
88. Contributions b% emplo%ers individuall% liable and mutual asso!iations
89. 9andators and !ontra!tors
CHAPTER %
Le'a! procedures
90. 0eview of de!isions b% Dire!tor13eneral
91. b#e!tions and appeal against de!isions of Dire!tor13eneral
92. Dire!tor13eneral ma% state !ase for .upreme Court
93. -viden!e
CHAPTER %I
)enera!
94. $rrangements with foreign states regarding !ompensation
96. Certain do!uments e;empt from stamp dut%
9'. Dis!losure of information
9(. 0egulations
98. 5alse statements
99. /enalties
100. 0epeal of laws
101. .hort title and !ommen!ement
SCHE#ULES
.!hedule 1
.!hedule 2
.!hedule 3
SCHEDULE 4CHAPTER I
INTERPRETATION OF ACT
*+ #efinitions
"n this $!t& unless the !onte;t indi!ates otherwise1
?i@ Aa!!identA means an a!!ident arising out of and in the !ourse of an emplo%ee>s emplo%ment and
resulting in a personal in#ur%& illness or the death of the emplo%ee*?;;iv@
?ii@ Aactuar(A means an% 5ellow of an institute& fa!ult%& so!iet% or !hapter of a!tuaries approved b% the
9inister* ?v@
?iii@ AairmanA means an emplo%ee emplo%ed in an% !apa!it% in an air!raft* ?;lii@
?iv@ Aannual earningsA means1
?a@ the amount referred to in se!tion 82?1@?a@ if a!!epted b% the Dire!tor13eneral as !orre!t*
?b@ the amount determined b% the Dire!tor13eneral if in his opinion the amount referred to in
paragraph ?a@ is less than the amount 1 a!tuall% paid* or
?!@ the estimated amount referred to in se!tion 82?6@* ?;vii@
?v@ AassessmentA means an assessment made in terms of se!tion 83 * ?ii@
?vi@ AassessorA means a person appointed under se!tion 8 as an assessor* ?vii@
?vii@ ABoardA means the Compensation ,oard established b% se!tion 10* ?;;viii@
?viii@ A&usinessA means an% industr%& underta<ing& trade or o!!upation or an% a!tivit% in whi!h an%
emplo%ee is emplo%ed* ?;@
?i;@ Ac,iropractorA means a person registered as a !hiropra!tor in terms 2 of the $sso!iated Bealth
.ervi!e /rofessions $!t& 1982 ?$!t No. '3 of 1982@* ?;ii@
?;@ AcommissionerA means the Compensation Commissioner appointed under se!tion 2?1@?a@* ?;viii@
?;i@ AcompensationA means !ompensation in terms of this $!t and& where appli!able& medi!al aid or
pa%ment of the !ost of su!h medi!al aid* ?;l@
?;ii@ Acompensation fundA means the fund established b% se!tion "6* ?;li@
?;iii@ Acontinenta! s,e!fA means the !ontinental shelf referred to in se!tion ( of the )erritorial Caters $!t&
19'3 ?$!t No. 8( of 19'3@* ?;;;viii@
?;iv@ AcontractorA means a person referred to as a !ontra!tor in se!tion 89 * ?i@
?;v@ Adependant of an emplo%eeA means1
?a@ a widow or widower who at the time of the emplo%eeDs death was married to the emplo%ee
a!!ording to !ivil law*
?b@ a widow or widower who at the time of the emplo%eeDs death was a part% to a marriage to the
emplo%ee a!!ording to indigenous law and !ustom& if neither the husband nor the wife was a
part% to a subsisting !ivil marriage*
?!@ if there is no widow or widower referred to in paragraph (a) or (b) a person with whom the
emplo%ee was in the at the time of the emplo%eeDs death living as husband and wife*
?d@ a !hild under the age of 18 %ears of the emplo%ee or of his or her spouse& and in!ludes a
posthumous !hild& a step1!hild& an adopted !hild and a !hild born out of Ewedlo!<D*
?e@ a !hild over the age of 18 %ears of the emplo%ee or of his or her spouse& and a parent or an%
person who in the opinion of the Dire!tor13eneral was a!ting in the pla!e of the parent& a
brother& a sister& a half1brother or half1sister& a grandparent or a grand!hild of the emplo%ee*
?f@ a parent of the emplo%ee or an% person who in the opinion of the !ommissioner was a!ting in
the pla!e of the parent& and who was in the opinion of the Dire!tor13eneral at the time of the
emplo%eeDs death wholl% or partl% finan!iall% dependent upon the emplo%ee* ?iv@
?;vi@ E#irector-)enera!F means the Dire!tor13eneral of the Department of =abour*
?;vii@ Adisa&!ementA means temporar% partial disablement& temporar% total disablement& permanent
disablement or serious disfigurement& as the !ase ma% be* ?vi@
?;viii@ Aearnin'sA means the remuneration of an emplo%ee at the time of the a!!ident or the
!ommen!ement of the o!!upational disease as !al!ulated in terms of this $!t* ?;;;i;@
?;i;@ Aemp!o(eeA means a person who has entered into or wor<s under a !ontra!t of servi!e or of
apprenti!eship or learnership& with an emplo%er& whether the !ontra!t is e;press or implied& oral or
in writing& and whether the remuneration is !al!ulated b% time or b% wor< done& or is in !ash or in
<ind& and in!ludes1
?a@ a !asual emplo%ee emplo%ed for the purpose of the emplo%er>s business *
?b@ a dire!tor or member of a bod% !orporate who has entered into a !ontra!t of servi!e or of
apprenti!eship or learnership with the bod% !orporate& in so far as he a!ts within the s!ope of
his emplo%ment in terms of su!h !ontra!t*
?!@ a person provided b% a labour bro<er against pa%ment to a !lient for the rendering of a
servi!e or the performan!e of wor< & and for whi!h servi!e or wor< su!h person is paid b% the
labour bro<er*
?d@ in the !ase of a de!eased emplo%ee& his dependants& and in the !ase of an emplo%ee who is a
person under disabilit%& a !urator a!ting on behalf of that emplo%ee* but does not in!lude1
?i@ a person& in!luding a person in the emplo% of the .tate& performing militar% servi!e or
undergoing training referred to in the Defen!e $!t& 196( ?$!t No. 44 of 196(@& and who
is not a member of the /ermanent 5or!e of the .outh $fri!an Defen!e 5or!e*
?ii@ a member of the /ermanent 5or!e of the .outh $fri!an Defen!e 5or!e while on Aservi!e
in defen!e of the 0epubli!A as defined in se!tion 1 of the Defen!e $!t& 196(*
?iii@ a member of the .outh $fri!an /oli!e 5or!e while emplo%ed in terms of se!tion ( of the
/oli!e $!t& 1968 ?$!t No. ( of 1968@& on Aservi!e in defen!e of the 0epubli!A as defined
in se!tion 1 of the Defen!e $!t& 196(*
?iv@ a person who !ontra!ts for the !arr%ing out of wor< and himself engages other persons
to perform su!h wor<*
?v@ a domesti! emplo%ee emplo%ed as su!h in a private household* ?;lvii@
?;;@ Aemp!o(erA means an% person& in!luding the .tate& who emplo%s an emplo%ee& and in!ludes1
?a@ an% person !ontrolling the business of an emplo%er*
?b@ if the servi!es of an emplo%ee are lent or let or temporaril% made available to some other
person b% his emplo%er& su!h emplo%er for su!h period as the emplo%ee wor<s for that other
person*
?!@ a labour bro<er who against pa%ment provides a person to a !lient for the rendering of a
servi!e or the performan!e of wor< & and for whi!h servi!e or wor< su!h person is paid b% the
labour bro<er* ?;liv@
?;;i@ Aemp!o(er individua!!( !ia&!eA means an emplo%er who in terms of se!tion 84?1@?a@ is e;empt
from pa%ing assessments to the !ompensation fund* ?;lv@
?;;ii@ Aemp!o(ers. or'anisationA means an emplo%ers> organisation as defined in se!tion 1 of the !abo"r
#e$ations Act 19%& ?$!t No. 28 of 196'@ * ?;lvi@
?;;iii@ Afinancia! (earA means the period between the first da% of 9ar!h in an% %ear and the last da% of
5ebruar% in the following %ear& both dates in!luded* ?;i@
?;;iv@ AmandatorA means a person referred to as a mandator in se!tion 89 : ?;i;@
?;;v@ Amedica! aidA means medi!al& surgi!al or hospital treatment& s<illed nursing servi!es& an% remedial
treatment approved b% the Dire!tor13eneral& the suppl% and repair of an% prosthesis or an% devi!e
ne!essitated b% disablement& and ambulan!e servi!es where& in the opinion of the Dire!tor13eneral&
the% were essential* ?;v@
?;;vi@ Amedica! practitionerA means a person registered as a medi!al pra!titioner in terms of the 'edica$
(enta$ and S"pp$ementary )ea$th Ser*ice Professions Act 19+4 ?$!t No. 6' of 19(4@ ?;iv@
?;;vii@ A$inisterA means the 9inister of =abour* ?;;@
?;;viii@ Amutua! associationA means a mutual asso!iation li!ensed under se!tion 30* ?;;iii@
?;;i;@ ENationa! Revenue FundF means the fund established b% se!tion 213 of the ,onstit"tion of the
#ep"b$ic of So"th Africa 199& ?$!t No. 108 0f 199'@
?;;;@ Anatura! resourcesA means the natural resour!es referred to in se!tion ( of the -erritoria$ .aters
Act 19&3 ?$!t No. 8( of 19'3@* ?;;i@
?;;;i@ Aoccupationa! diseaseA means an% disease !ontemplated in se!tion '6?1@?a@ or ?b@* ?i;@
?;;;ii@ Aoccupationa! in"ur(A means a personal in#ur% sustained as a result of an a!!ident* ?viii@
?;;;iii@ ApensionA means a pension referred to in se!tion 49 or 64* ?;;vi@
?;;;iv@ Aperiodica! pa(mentA means a periodi!al pa%ment of !ompensation in respe!t of temporar%
disablement* ?;;vii@
?;;;v@ Epermanent disa&!ementF& in relation to an emplo%ee and sub#e!t to se!tion 49& means the
permanent inabilit% of su!h an emplo%ee to perform an% wor< as a result of an a!!ident or
o!!upational disease for whi!h !ompensation is pa%able*
?;;;vi@ Aperson under disa&i!it(A means a minor& a lunati! or an% person who b% law is sub#e!t to
!uratorship or tutorship* ?;;ii@
?;;;vii@ Aprescri&edA means pres!ribed in terms of this $!t or b% regulation* ?;liii@
?;;;viii@ Epresidin' officerF means an% offi!er appointed in terms of se!tion 2?1@?a@ or ?b@ and designated as
su!h b% the Dire!tor13eneral*
?;;;i;@ Are'u!ationA means a regulation made in terms of this $!t* ?;;i;@
?;l@ Areserve fundA means the fund established b% se!tion 19* ?;;;@
?;li@ AseamanA means an emplo%ee emplo%ed in an% !apa!it% on board a ship b% the owner or person in
!ommand of the ship* ?;;;i@
?;lii@ Aserious and /i!fu! misconductA means1
?a@ being under the influen!e of into;i!ating li7uor or a drug having a nar!oti! effe!t*
?b@ a !ontravention of an% law for the prote!tion or the health of emplo%ees or for the prevention
of a!!idents& if su!h !ontravention was !ommitted wilfull% or with a re!<less disregard of the
provisions of su!h law* or
?!@ an% other a!t or omission whi!h the Dire!tor13eneral having regard to all the !ir!umstan!es
!onsiders to be serious and wilful mis!ondu!t* ?;iii@
?;liii@ ASout, African aircraftA means an air!raft registered or li!ensed in the 0epubli! in terms of a law
governing the registration or li!ensing of air!raft& and the owner of whi!h is resident m the 0epubli!
or has a pla!e of business in the 0epubli!* ?;;;iii@
?;liv@ ASout, African s,ipA means a vessel used in navigation whi!h1
$mended Compensation for !!upational "n#uries and Diseases $!t /age ' of 60
?a@ is registered in the 0epubli! in terms of an% law governing the registration of ships and is not
registered in an% other state in terms of a similar law* or
?b@ is owned or !hartered b% a person whose head offi!e or pla!e of business is in the 0epubli! or
b% a person who resides in the 0epubli!* ?;;;iv@
?;lv@ Atariff of assessmentA means the tariff of assessment referred to in se!tion 83?1@* ?iii@
?;lvi@ Atemporar( partia! disa&!ementA& in relation to an emplo%ee& means the temporar% partial
inabilit% of su!h emplo%ee as a result of an a!!ident or o!!upational disease for whi!h !ompensation
is pa%able to perform the whole of the wor< at whi!h he or she was emplo%ed at the time of su!h
a!!ident or at the !ommen!ement of su!h o!!upational disease or to resume wor< at a rate of
earnings not less than that whi!h he or she was re!eiving at the time of su!h a!!ident or at the
!ommen!ement of su!h o!!upational disease* ?;;;vi@
?;lvii@ Atemporar( tota! disa&!ementA& in relation to an emplo%ee& means the temporar% total inabilit% of
su!h emplo%ee as a result of an a!!ident or o!!upational disease for whi!h !ompensation is pa%able
to perform the wor< at whi!h he was emplo%ed at the time of su!h a!!ident or at the !ommen!ement
of su!h o!!upational disease or wor< similar thereto* ?;;;v@
?;lviii@ At,is ActA in!ludes the .!hedules thereto and an% regulation* ?;vi@
?;li;@ Atrade unionA means a trade union as defined in se!tion 1 of the !abo"r #e$ations Act 19%& ?$!t
No. 28 of 196'@& and in!ludes an emplo%ees> organization re!ognized b% law and fun!tioning* ?;;;vii@
?l@ A0or1men.s Compensation ActA means the .orkmen/s ,ompensation Act 1941 ?$!t No. 30 of
1941@. ?;;v@
$mended Compensation for !!upational "n#uries and Diseases $!t /age ( of 60
CHAPTER II
ADMINISTRATION OF ACT
2+ Compensation #irector-)enera! and staff
?1@ )he 9inister shall sub#e!t to su!h !onditions as he or she ma% determine& in order to assist the Dire!tor1
3eneral in the performan!e of his or her fun!tions in terms of or under this $!t and sub#e!t to the laws
governing the publi! servi!e& appoint1
?a@ an offi!er to be !alled the Compensation Commissioner* and
?b@ su!h other offi!ers and emplo%ees as the 9inister or an offi!er designated b% him or her deem
ne!essar%.
?2@ )he !ommissioner& and the offi!ers and emplo%ees referred to in subse!tion ?1@?b@& shall be
remunerated out of the National 0evenue 5und& whi!h shall be reimbursed out of the !ompensation fund
for the e;penditure !on!erned.
3+ #e!e'ation of po/ers and assi'nment of duties &( #irector-)enera!
?1@ )he Dire!tor13eneral ma%& sub#e!t to su!h !onditions as he or she ma% determine& delegate an% of his or
her powers or assign an% of his or her duties to the !ommissioner& or an offi!er or emplo%ee referred to
in se!tion 2?1@?b@& and ma% at an% time !an!el an% su!h delegation or assignment.
?2@ $ delegation or assignment under subse!tion ?1@1
?a@ shall not divest the Dire!tor13eneral of the power delegated or dut% assigned& and he or she ma%
at an% time amend or set aside an% de!ision made thereunder* and
?b@ shall not prevent the e;er!ise of the power or the performan!e of the dut% !on!erned b% the
Dire!tor13eneral himself or herself.
4+ Functions of #irector-)enera!
?1@ .ub#e!t to the provisions of this $!t& the Dire!tor13eneral shall1
?a@ 0de$eted1
?b@ in7uire into a!!idents and o!!upational diseases*
?!@ ad#udi!ate on !laims and other matters !oming before him for de!ision*
?d@ issue an order for the pa%ment of !ompensation in respe!t of an award made b% him*
?e@ whether a person is an emplo%ee& an emplo%er& a mandator or a !ontra!tor for the purposes of
this $!t*
?f@ de!ide an% 7uestion relating to1
?i@ a right to !ompensation*
?ii@ the submission& !onsideration and ad#udi!ation of !laims for !ompensation*
?iii@ the !al!ulation of earnings*
?iv@ the degree of disablement of an% emplo%ee*
?v@ the amount and manner of pa%ment of !ompensation*
?vi@ the award& withholding& review& dis!ontinuan!e& suspension& in!rease or redu!tion of
!ompensation*
?vii@ the liabilit% for pa%ment of !ompensation as !ontemplated in se!tion 29*
?g@ de!ide whether a person is a dependant of an emplo%ee and& if so& per!entage of dependen!e &
and& in the !ase where there is more than one dependant& whi!h shall re!eive !ompensation and
the allo!ation of !ompensation among them*
?h@ !onsider and ad#udi!ate upon !laims in terms of se!tion '2*
?i@ de!ide upon1
?i@ the need for& and the nature and suffi!ien!% of& medi!al aid*
?ii@ the reasonableness of the !ost of medi!al aid& and the amount and manner of pa%ment of
su!h !ost*
?#@ de!ide upon the liabilit% for assessment& tariffs of assessment& the amounts of assessments& the
manner of pa%ment of assessments and related matters*
?<@ de!ide upon an% other 7uestion falling within his fun!tions in !onne!tion with the administration
of this $!t*
?l@ administer the !ompensation fund and the reserve fund*
?m@ re!over amounts due to the !ompensation fund& in!luding amounts whi!h should not have been
paid out in terms of this $!t & or write off su!h amounts if& in his opinion& the% !annot be
re!overed*
?n@ after the !on!lusion of ea!h finan!ial %ear submit a report to the 9inister regarding the
administration of this $!t during that %ear*
?o@ re!ord statisti!s and information regarding the o!!urren!e and !auses of a!!idents and
o!!upational diseases& and the award of benefits in terms of this $!t *
?p@ institute su!h in7uiries and perform su!h other fun!tions as ma% be pres!ribed& or as he ma%
deem ne!essar% for the administration of this $!t.
?2@ )he Dire!tor13eneral ma%1
?a@ for the administration of this $!t enter into an agreement with an% person for the performan!e of
a parti!ular tas< or of parti!ular wor< or for the rendering of parti!ular servi!es on su!h
!onditions and for su!h remuneration as ma% be agreed upon*
?b@ found& established or subsidized& or assist with the founding& establishment or subsidizing of& a
bod%& organisation or s!heme whose ob#e!ts in!lude on or more of the following:
?i@ the prevention of a!!idents or of an% disease whi!h is due to the nature of a parti!ular
a!tivit%*
?ii@ the promotion of the health or safet% of emplo%ees*
?iii@ the provision of fa!ilities designed to assist in#ured emplo%ees and emplo%ees suffering
from o!!upational diseases to return to their wor< or to redu!e or remove an% disabilit%
resulting from their in#uries or diseases*
?iv@ the !arr%ing out of an% a!tivit% whi!h will !ontribute to the attainment of an% of the
ob#e!ts referred to in subparagraphs ?i@& ?ii@ and ?iii@*
?!@ pur!hase or otherwise a!7uire shares in an% bod%& organization or s!heme referred to in
paragraph (b) and alienate an% shares so a!7uired*
?d@ appl% un!laimed !ompensation for the general welfare of in#ured emplo%ees or emplo%ees
suffering from o!!upational diseases*
?e@ 0de$eted1
5+ Po/er of #irector-)enera! to ac6uire and a!ienate immova&!e propert( and to raise mone(
?1@ )he Dire!tor13eneral ma% with the approval of the 9inister1
?a@ raise mone% b% wa% of loans*
?b@ pur!hase or otherwise a!7uire immovable propert%& and alienate su!h propert%.
?2@ "mmovable propert% a!7uired under subse!tion ?1@ shall be held in the name of the Dire!tor13eneral in
trust for the !ompensation fund.
7+ Po/ers of #irector-)enera! re'ardin' /itnesses and su&poenas
?1@ (a) )he Dire!tor13eneral ma% subpoena an% person who in his opinion is able to give information
!on!erning the sub#e!t of an% in7uir% in terms of this $!t& or who is suspe!ted to have or in the opinion
of the Dire!tor13eneral has in his possession or !ustod% or under his !ontrol an% boo<& do!ument or
thing whi!h has a bearing on the in7uir%& to appear before him at a time and pla!e spe!ified in the
subpoena& to be interrogated or to produ!e su!h boo<& do!ument or thing& and the Dire!tor13eneral ma%
retain su!h boo<& do!ument or thing for further investigation.
?b@ $n in7uir% referred to in paragraph (a) shall ta<e pla!e in publi! unless the Dire!tor13eneral orders
otherwise.
?2@ )he Dire!tor13eneral ma% !all and administer an oath to& or a!!ept an affirmation from& an% person
present at su!h an in7uir% who was or !ould have been subpoenaed in terms of subse!tion ?1@& and the
Dire!tor13eneral or an assessor ma% interrogate su!h person and order him to produ!e an% boo<&
do!ument or thing in his possession or !ustod% or under his !ontrol.
?3@ $ person who1
?a@ has been dul% subpoenaed under subse!tion ?1@ and who fails without suffi!ient !ause to attend
at the time and pla!e spe!ified in the subpoena* 2
?b@ has been dul% subpoenaed under subse!tion ?1@ or !alled under subse!tion ?2@ and who1
?i@ fails to remain in attendan!e until e;!used b% the Dire!tor13eneral from further
attendan!e*
?ii@ refuses to be sworn as a witness or to ma<e an affirmation*
?iii@ refuses or fails to answer full% and satisfa!toril% an% 7uestion lawfull% put to him under
subse!tion ?2@*
?iv@ refuses or fails to produ!e an% boo<& do!ument or thing in his possession or !ustod% or
under his !ontrol whi!h he has been re7uired to produ!e under subse!tion ?1@ or ?2@*
?!@ hinders or obstru!ts the Dire!tor13eneral in the performan!e of an% of his fun!tions in terms of
this se!tion&
shall be guilt% of an offen!e.
?4@ $ person who& after having been sworn as a witness or having made an affirmation& ma<es a false
statement <nowing it to be false& shall be guilt% of an offen!e and shall upon !onvi!tion be liable to the
penalt% that ma% be imposed for per#ur%.
?6@ )he law relating to privilege as appli!able to a witness testif%ing in a !ourt of law shall be appli!able at
an in7uir% referred to in subse!tion ?1@.
?'@ "f a person has been subpoenaed to appear before the Dire!tor13eneral and the Dire!tor13eneral is
satisfied that su!h person has as a result of his appearan!e suffered an% pe!uniar% loss or had to in!ur
e;pense& the Dire!tor13eneral ma% pa% out of the !ompensation fund the pres!ribed allowan!es or the
amount of the loss or e;pense& whi!hever is the lesser.
?(@ )he Dire!tor13eneral ma% delegate an% of his fun!tions under this se!tion to an assessor& an offi!er or
emplo%ee referred to in se!tion 1 of the /ubli! .ervi!e $!t& 1984 ?$!t No. 111 of 1984@& or a medi!al
pra!titioner& and in this se!tion ADire!tor13eneralA in!ludes an% su!h assessor& offi!er& emplo%ee or
medi!al pra!titioner while a!ting within the s!ope of su!h delegation.
7A+ )he !ommissioner shall1
?a@ re!eive noti!es of a!!idents and o!!upational diseases& !laims for !ompensation& medi!al reports
and a!!ounts& ob#e!tions appli!ations& returns of earnings and pa%ment due to the !ompensation
fund*
?b@ b% noti!e in the 2a3ette pres!ribe the rules referred to in se!tion 6'?3@?!@& as well as the forms to
be used and the parti!ulars to be furnished in !onne!tion with the noti!e of o!!upational in#uries
and diseases& !laims for !ompensation or an% other form or matter whi!h he or she ma% deem it
ne!essar% for the administration of the $!t.
8+ Po/ers of aut,ori9ed person
?1@ )he Dire!tor13eneral ma% authorize an% assessor& an% offi!er or emplo%ee referred to in se!tion 1 of the
P"b$ic Ser*ice Act 1944 ?$!t No. 111 of 1984@& or an% medi!al pra!titioner to investigate an% matter
that he ma% deem ne!essar% for the performan!e of his fun!tions.
?2@ $ person authorized under subse!tion ?1@ ?in this se!tion referred to as an Aauthorized personA@ shall be
furnished with a !ertifi!ate to that effe!t signed b% the Dire!tor13eneral.
?3@ $n authorized person ma%1
?a@ without previous noti!e& at all reasonable times enter an% premises& and ta<e an interpreter or
other assistant or a poli!e offi!er with him onto the premises*
?b@ while he is on the premises& or at an% time thereafter& 7uestion an% person who is or was on the
premises& either alone or in the presen!e of an% other person on an% matter to whi!h this $!t
relates*
?!@ order an% person who has !ontrol over or !ustod% of an% boo<& do!ument or thing on or in those
premises to produ!e to him forthwith& or at su!h time and pla!e as ma% be determined b% him&
su!h boo<& do!ument or thing*
?d@ at an% time and pla!e order an% person who has the possession or !ustod% of or is in the !ontrol
of a boo<& do!ument or thing relating to the business of an emplo%er or previous emplo%er& to
produ!e forthwith or at su!h time and pla!e as ma% be determined b% him& su!h boo<& do!ument
or thing*
?e@ seize an% boo<& do!ument or thing whi!h in his opinion ma% serve as eviden!e in an% matter in
terms of this $!t*
?f@ e;amine or !ause to be e;amined an% boo<& do!ument or thing produ!ed to him or seized b%
him& and ma<e e;tra!ts therefrom or !opies thereof& and order an% person who in his opinion is
7ualified thereto to e;plain an% entr% therein*
?g@ order an emplo%ee to appear before him at su!h time and pla!e as ma% be determined b% him&
and 7uestion that emplo%ee.
?4@ $n authorized person performing an% fun!tion in terms of this se!tion shall on demand produ!e the
!ertifi!ate referred to in subse!tion ?2@.
?6@ $n% person who1
?a@ falsel% holds himself out to be an authorized person*
?b@ refuses or fails to answer full% and satisfa!toril% an% 7uestion put to him b% an authorized person
in the performan!e of his fun!tions*
?!@ refuses or fails to !ompl% with an% lawful re7uest of or order b% an : authorized person*
?d@ hinders or obstru!ts an authorized person in the performan!e of his fun!tions&
shall be guilt% of an offen!e.
:+ Assessors
?1@ )he 9inister ma% after !onsultation with the ,oard appoint so man% persons as assessors as he ma%
deem ne!essar% to assist the Dire!tor13eneral in the hearing of an% ob#e!tion in terms of se!tion 91.
?2@ )he assessors referred to in subse!tion ?1@ shall be persons who in the opinion of the 9inister represent
the interests of emplo%ees and emplo%ers& respe!tivel%& and to that end the 9inister ma% !onsult an%
organization representing emplo%ees or emplo%ers.
?3@ )he number of assessors appointed to represent the interests of emplo%ees shall be e7ual to the number
of assessors appointed to represent the interests of emplo%ers.
?4@ )he 9inister ma% in addition to the assessors referred to in subse!tion ?1@ appoint one or more medi!al
pra!titioners& in!luding a medi!al pra!titioner appointed under se!tion 2?1@?b@ as medi!al assessors.
?6@ $n assessor shall be appointed for su!h period and on su!h !onditions as the 9inister ma% determine&
but the 9inister ma% at an% time terminate the appointment of an assessor who1
?a@ has been guilt% of mis!ondu!t or negle!t of dut%*
?b@ is not able to perform his fun!tions in terms of this $!t properl%* or
?!@ in his opinion no longer represents the interests on the ground of whi!h he was appointed.
?'@ $n assessor shall be paid the pres!ribed remuneration and travelling and subsisten!e allowan!es out of
the !ompensation fund.
;+ Benefits pa(a&!e to assessors
?1@ "f an assessor& e;!luding an assessor in the emplo% of an emplo%er !ontemplated in se!tion 84?1@?a@?i@@
meets with an a!!ident arising out of and in the !ourse of the performan!e b% him or her of his or her
fun!tions as an assessor and resulting in a personal in#ur%& illness or his or her death& he or she or his or
her dependants& as the !ase ma% be& shall be entitled to the !ompensation as if he or she were an
emplo%ee at the time of the a!!ident.
?2@ Compensation in terms of this se!tion shall be paid b% the Dire!tor13eneral out of the !ompensation
fund.
*<+ Compensation Board
)here is hereb% established a board to be <nown as the Compensation ,oard.
**+ Constitution of Board
?1@ )he ,oard shall !onsist of
?a@ the Dire!tor13eneral or an offi!er !ontemplated in se!tion 2?1@?a@ or ?b@ designated b% him or
her& who shall a!t as !hairperson*
?b@ two persons appointed b% the 9inister& one of whom shall be appointed after !onsultation with
the 9inister of Bealth*
?!@ the Chief "nspe!tor of !!upational Bealth and .afet% or his or her nominee*
?d@ one person as a member and one person as an alternate member appointed b% the 9inister from
a list of the names of not more than three persons nominated in order of preferen!e b% )he 0and
9utual $ssuran!e Compan% =imited*
?e@ one person as a member and one person as an alternate member appointed b% the 9inister from
a list of the names of not more than three persons nominated in order of preferen!e b% the
5ederated -mplo%ers> 9utual $ssuran!e Compan% =imited*
?f@ two persons as a members and up to two persons as an alternate members appointed b% the
9inister from a list of the names of not more than si; persons nominated in order of preferen!e
b% the .outh $fri!an 9edi!al and Dental Coun!il*
?g@ three persons as a members and up to three persons as an alternate members appointed b% the
9inister to represent the interests of all emplo%ers from a list of the names of not more than ten
persons nominated in order of preferen!e b% emplo%ers> organisations*
?h@ five persons as a members and up to five persons as an alternate members appointed b% the
9inister to represent the interests of all emplo%ees from a list of the names of not more than 1'
persons nominated in order of preferen!e b% emplo%ees> organisations.
?2@ $n assessor ma% not be appointed as a member or alternate member of the ,oard
?3@ $n alternate member ma% attend and ma% ta<e part in the pro!eedings at an% meeting of the ,oard
whenever the member in whose stead he or she has been appointed as an alternate member& is absent
from the meeting.
*2+ Functions of Board
?1@ )he ,oard shall advise the 9inister regarding1
?a@ matters of poli!% arising out of or in !onne!tion with the appli!ation of this $!t*
?b@ the nature and e;tent of the benefits that shall be pa%able to emplo%ees or dependants of
emplo%ees& in!luding the ad#ustment of e;isting pensions*
?!@ the appointment of assessors*
?d@ the amendment of this $!t.
?2@ )he ,oard ma% at the re7uest of the Dire!tor13eneral advise him regarding the performan!e of a
parti!ular aspe!t of his fun!tions.
*3+ Term of office and remuneration of mem&ers of Board
?1@ )he members of the ,oard appointed b% the 9inister shall be appointed for a period not e;!eeding four
%ears and on su!h !onditions as the 9inister ma% determine& but the 9inister ma% at an% time terminate
the appointment of an% member who1
?a@ has been guilt% of mis!ondu!t or negle!t of dut%* or
?b@ is not able to perform his fun!tions in terms of this $!t properl%.
?2@ )he 9inister ma%1
?a@ at the re7uest of a mutual asso!iation referred to in se!tion 11?1@?d@ or (e) terminate the
appointment of a member representing su!h asso!iation* and
?b@ terminate the appointment of a member referred to in se!tion 11?1@?g@ or (h) if in his opinion
su!h member no longer represents the interests on the ground of whi!h he was appointed.
?3@ $ member of the ,oard shall be paid the pres!ribed remuneration and travelling and subsisten!e
allowan!es out of the !ompensation fund.
*4+ $eetin's of Board
?1@ )he ,oard shall meet at the times and pla!es determined b% the !hairman.
?2@ "f si; or more of the members of the ,oard re7uest the Dire!tor13eneral in writing with a statement of
reasons to !onvene a meeting& the Dire!tor13eneral shall within 21 da%s after having re!eived su!h
re7uest !onvene a meeting of the ,oard.
?3@ $ 7uorum for a meeting of the ,oard shall be nine members of the ,oard.
?4@ )he de!ision of more than (6 per !ent of the members present at a meeting of the ,oard shall be the
de!ision of the ,oard.
CHAPTER III:
COMPENSATION FUND AND RESERVE FUND
*5+ Compensation fund
?1@ )here is hereb% established a fund to be <nown as the !ompensation fund.
?2@ )he !ompensation fund shall !onsist of
?a@ an% mone%s vested in the !ompensation fund in terms of subse!tion ?3@*
?b@ the assessments paid b% emplo%ers in terms of this $!t*
?!@ an% amounts paid b% emplo%ers to the Dire!tor13eneral in terms of this $!t*
?d@ an% penalties and fines imposed in terms of this $!t other than b% a !ourt of law*
?e@ an% interest on investments of the !ompensation fund and the reserve fund*
?f@ an% amounts transferred from the reserve fund*
?g@ the pa%ments made to the Dire!tor13eneral in terms of se!tion 88*
?h@ an% other amounts to whi!h the !ompensation fund ma% be!ome entitled.
?3@?a@ )he a!!ident fund established b% se!tion '4 of the Cor<men>s Compensation $!t shall& as from the
!ommen!ement of this $!t& !ease to e;ist& and all amounts !redited to the a!!ident fund immediatel%
before su!h !ommen!ement& shall as from su!h !ommen!ement vest in the !ompensation fund.
?b@ $ll liabilities and rights& e;isting as well as a!!ruing& of the a!!ident fund shall devolve upon the
!ompensation fund as from the !ommen!ement of this $!t.
*7+ App!ication of compensation fund
?1@ )he !ompensation fund shall& sub#e!t to the provisions of this $!t& be under the !ontrol of the Dire!tor1
3eneral and its mone%s shall be applied b% the Dire!tor13eneral to1
?a@ the pa%ment of !ompensation& the !ost of medi!al aid or other pe!uniar% benefits to or on behalf
of or in respe!t of emplo%ees in terms of this $!t where no other person is liable for su!h
pa%ment*
?b@ the maintenan!e of the reserve fund*
?!@ the pa%ment of e;penses in!urred in or in !onne!tion with the performan!e of his fun!tions in
terms of se!tion 4?2@*
?d@ the reimbursement of the National 0evenue 5und in respe!t of remuneration paid in terms of
se!tion 2?2@*
?e@ the pa%ment of the pres!ribed remuneration and travelling and subsisten!e allowan!es to
assessors*
?f@ the pa%ment of the !ost of or in !onne!tion with the medi!al e;amination of emplo%ees*
?g@ the pa%ment of witness fees in terms of se!tion '?'@*
?h@ the pa%ment of an% other e;penditure in!urred b% the Dire!tor13eneral in the performan!e of his
fun!tions in terms of this $!t.
?2@ )he Dire!tor13eneral ma% transfer an% surplus in the !ompensation fund to the reserve fund.
*8+ a!uation of compensation fund
?1@ )he assets and liabilities of the !ompensation fund shall from time to time& as the Dire!tor13eneral ma%
!onsider ne!essar%& but in an% event at intervals of not more than three %ears& be valued b% an a!tuar%
appointed b% the 9inister to 1 determine the suffi!ien!% of the fund.
?2@ )he result of the valuation referred to in subse!tion ?l@ shall be in!luded in the ne;t annual report of the
Dire!tor13eneral su!!eeding the !ompletion of the valuation.
*:+ Accountin'
?1@ )he Dire!tor13eneral shall re!eive all mone% pa%able to or for the benefit of the !ompensation fund in
terms of this $!t& and shall be !harged with the responsibilit% of a!!ounting for all mone% re!eived and
the utilization thereof.
?2@ )he Dire!tor13eneral ma% transfer an% part of the mone%s in the !ompensation fund and the reserve
fund to the /ubli! Debt Dire!tor13enerals for investment.
*;+ Reserve fund
?1@ )here is hereb% established a fund to be <nown as the reserve fund& !onsisting of !ash or investments or
both.
?2@ )he amount of the reserve fund shall be determined b% the Dire!tor13eneral.
?3@ )he ob#e!ts of the reserve fund are1
?a@ to provide for unforeseen demands on the !ompensation fund*
?b@ to stabilize the tariffs of assessment.
?4@ /a%ments out of the reserve fund shall ta<e pla!e on the authorization of the !ommissioner.
?6@ )he reserve fund established in terms of se!tion '' of the Cor<men>s Compensation $!t shall& as from
the !ommen!ement of this $!t& !ease to e;ist& and all amounts !redited to the said reserve fund
immediatel% before su!h !ommen!ement shall as from su!h !ommen!ement vest in the reserve fund
established b% subse!tion ?1@.
2<+ Accounts and audit
?1@ )he Dire!tor13eneral shall <eep su!h a!!ounts& in!luding an a!!ount with a ban< !ontemplated in the
,an<s $!t& 1990 ?$!t No. 94 0f 1990@ and re!ords as are ne!essar% for the e;er!ise of proper !ontrol
over the !ompensation fund and the reserve fund& and shall prepare %earl% balan!e sheets made up to
the last da% of the finan!ial %ear& showing in all ne!essar% detail the assets and liabilities and the
revenue and e;penditure of the funds.
?2@ )he a!!ounts of the said funds shall be audited b% the $uditor13eneral& and the !ost of su!h audit shall
be paid out of the !ompensation fund.
?3@ )he Dire!tor13eneral shall& as soon as possible after the !ompletion of the balan!e sheets referred to in
subse!tion ?1@& submit a !op% thereof and a !op% of the report referred to in se!tion 4?1@?n@ to the
9inister& who shall table su!h !opies 6 in /arliament within 30 da%s after re!eipt thereof& if /arliament is
in ordinar% session or& if /arliament is not in ordinar% session& within 30 da%s of the !ommen!ement of
its ne;t ensuing ordinar% session.
2*+ Income of funds e=empt from ta=
)he in!ome of the !ompensation fund and the reserve fund& in!luding in!ome from an% investments& shall be
e;empt from in!ome ta;.
CHAPTER IV
COMPENSATION FOR OCCUPATIONAL INURIES
22+ Ri',t of emp!o(ee to compensation
?1@ "f an emplo%ee meets with an a!!ident resulting in his disablement or death su!h emplo%ee or the
dependants of su!h emplo%ee shall& sub#e!t to the provisions of this $!t& be entitled to the benefits
provided for and pres!ribed in this $!t.
?2@ No periodi!al pa%ments shall be made in respe!t of temporar% total disablement or temporar% partial
disablement whi!h lasts for three da%s or less.
?3@ ?a@ "f an a!!ident is attributable to the serious and wilful mis!ondu!t of the emplo%ee& no !ompensation
shall be pa%able in terms of this $!t& unless1
?i@ the a!!ident results in serious disablement* or
?ii@ the emplo%ee dies in !onse7uen!e thereof leaving a dependant wholl% finan!iall%
dependent upon him.
?b@ Notwithstanding paragraph (a) the Dire!tor13eneral ma%& and the emplo%er individuall% liable or
mutual asso!iation !on!erned& as the !ase ma% be& shall& if ordered thereto b% the Dire!tor1
3eneral& pa% the !ost of medi!al aid or su!h portion thereof as the Dire!tor13eneral ma%
determine.
?4@ 5or the purposes of this $!t an a!!ident shall be deemed to have arisen out of and in the !ourse of the
emplo%ment of an emplo%ee notwithstanding that the emplo%ee was at the time of the a!!ident a!ting
!ontrar% to an% law appli!able to his emplo%ment or to an% order b% or on behalf of his emplo%er& or that
he was a!ting without an% order of his emplo%er& if the emplo%ee was& in the opinion of the Dire!tor1
3eneral& so a!ting for the purposes of or in the interests of or in !onne!tion with the business of his
emplo%er.
?6@ 5or the purposes of this $!t the !onve%an!e of an emplo%ee free of !harge to or from his pla!e of
emplo%ment for the purposes of his emplo%ment b% means of a vehi!le driven b% the emplo%er himself
or one of his emplo%ees and spe!iall% provided b% his emplo%er for the purpose of su!h !onve%an!e&
shall be deemed to ta<e pla!e in the !ourse of su!h emplo%ee>s emplo%ment.
23+ Accidents outside Repu&!ic
?1@ ?a@ "f an emplo%er !arries on business !hiefl% in the 0epubli! and an emplo%ee of his ordinaril%
emplo%ed in the 0epubli!& meets with an a!!ident while temporaril% emplo%ed outside the
0epubli!& su!h emplo%ee shall& sub#e!t to paragraph (c) be entitled to !ompensation as if the
a!!ident had happened in the 0epubli!.
?b@ )he amount of !ompensation !ontemplated in paragraph (a) shall be determined on the basis of
the earnings whi!h the emplo%ee& in the opinion of the Dire!tor13eneral& would have re!eived if
he had remained in the 0epubli!.
?!@ )his subse!tion shall !ease to appl% to an emplo%ee after he has been emplo%ed outside the
0epubli! for a !ontinuous period of 12 months& save b% agreement between the Dire!tor13eneral&
the emplo%ee and the emplo%er !on!erned& and sub#e!t to su!h !onditions as the Dire!tor1
3eneral ma% determine.
?2@ "f an emplo%ee resident in the 0epubli! meets with an a!!ident while emplo%ed in& on or above the
!ontinental shelf& su!h emplo%ee shall be entitled to !ompensation as if the a!!ident had happened in
the 0epubli!.
?3@ ?a@ "f an emplo%er !arries on business !hiefl% outside the 0epubli! and an emplo%ee of his ordinaril%
emplo%ed outside the 0epubli!& meets with an a!!ident while temporaril% emplo%ed in the
0epubli!& su!h emplo%ee shall not be entitled to !ompensation unless the emplo%er has
previousl% agreed with the Dire!tor13eneral that su!h emplo%ee shall be entitled to !ompensation
and& where appli!able& has paid the ne!essar% assessments in respe!t of him.
?b@ $n emplo%ee referred to in paragraph (a) who is so temporaril% emplo%ed in the 0epubli! for a
!ontinuous period of more than 12 months& shall be deemed to be ordinaril% emplo%ed b% su!h
$mended Compensation for !!upational "n#uries and Diseases $!t /age 1' of 60
emplo%er in the 0epubli!.
?4@ "f& in terms of the law of the state in whi!h an a!!ident happens& an emplo%ee& in the !ir!umstan!es
referred to in subse!tion ?1@& is entitled to !ompensation or if an emplo%ee meets with an a!!ident in the
!ir!umstan!es referred to in subse!tion ?2@ or in the 0epubli! and he would be entitled to !ompensation
in terms of the law of an% other state as well as in terms of this $!t& he shall b% written noti!e to the
Dire!tor13eneral ele!t to !laim !ompensation either in terms of this $!t or in terms of the law of the
other state.
24+ App!ication of Act to seamen and airmen
)his $!t shall appl% to a seaman or airman1
?a@ while emplo%ed on a .outh $fri!an ship or air!raft*
?b@ while& sub#e!t to se!tion 23?3@& emplo%ed in the 0epubli! on an% other ship or air!raft.
25+ Accidents durin' trainin' for or performance of emer'enc( services
"f an emplo%ee meets with an a!!ident1
?a@ while he is& with the !onsent of his emplo%er& being trained in organized first aid& ambulan!e or
res!ue wor<& fire1fighting or an% other emergen!% servi!e*
?b@ while he is engaged in or about his emplo%er>s mine& wor<s or premises in organized first aid&
ambulan!e or res!ue wor<& fire1fighting or an% other emergen!% servi!e*
?!@ while he is& with the !onsent of his emplo%er& engaged in an% organized first aid& ambulan!e or
res!ue wor<& fire1fighting or other emergen!% servi!e on an% mine& wor<s or premises other than
his emplo%er>s&
su!h a!!ident shall& for the purposes of this $!t& be deemed to have arisen out of and in the !ourse of his
emplo%ment.
27+ Specia! circumstances in /,ic, #irector-)enera! ma( refuse a/ard
"f a right to !ompensation in terms of this $!t arises owing to the death or disablement of an emplo%ee as a
result of an a!!ident& the Dire!tor13eneral ma% refuse to award the whole or a portion of su!h !ompensation
and the Dire!tor13eneral& or& if authorized thereto b% the Dire!tor13eneral& the emplo%er individuall% liable or
mutual asso!iation !on!erned& as the !ase ma% be& ma% also refuse to pa% the whole or an% portion of the !ost
of medi!al aid1
?a@ if the emplo%ee at an% time represented to the emplo%er or the Dire!tor13eneral& <nowing the
information to be false& that he was not then suffering from or had not previousl% suffered from a
serious in#ur% or o!!upational disease or an% other serious disease& and su!h an a!!ident was
!aused b%& or the death resulted from or the disablement resulted from or was aggravated b%&
su!h in#ur% or disease* or
?b@ if& in the opinion of the Dire!tor13eneral& the death was !aused& or the disablement was !aused&
prolonged or aggravated& b% the unreasonable refusal or wilful negle!t of the emplo%ee to submit
to medi!al aid in respe!t of an% in#ur% or disease& whether !aused b% the a!!ident or e;isting
before the a!!ident.
28+ Specia! circumstances in /,ic, #irector-)enera! ma( ma1e a/ard
"f in a !laim for !ompensation in terms of this $!t it appears to the Dire!tor13eneral that the !ontra!t of servi!e
or apprenti!eship or learnership of the emplo%ee !on!erned is invalid& he ma% deal with su!h !laim as if the
!ontra!t was valid at the time of the a!!ident.
2:+ Emp!o(ee re6uirin' constant ,e!p
"f the in#ur% in respe!t of whi!h !ompensation is pa%able !auses disablement of su!h a nature that the
emplo%ee is unable to perform the essential a!tions of life without the !onstant help of another person& the
Dire!tor13eneral ma% in addition to an% other benefits in terms of this $!t grant an allowan!e towards the !ost
of su!h help.
2;+ Lia&i!it( for pa(ment of compensation
$mended Compensation for !!upational "n#uries and Diseases $!t /age 1( of 60
"f an emplo%ee is entitled to !ompensation in terms of this $!t& the Dire!tor13eneral or the emplo%er
individuall% liable or the mutual asso!iation !on!erned& as the !ase ma% be& shall be liable for the pa%ment of
su!h !ompensation.
3<+ $utua! associations
?1@ )he 9inister ma%& for su!h period and sub#e!t to su!h !onditions as he ma% determine& issue a li!en!e to
!arr% on the business of insuran!e of emplo%ers against their liabilities to emplo%ees in terms of this $!t
to a mutual asso!iation whi!h was li!ensed on the date of !ommen!ement of this $!t in terms of se!tion
96?1@ of the Cor<men>s Compensation $!t: /rovided that the 9inister ma%& from time to time& order
that& in addition to an% se!urities deposited in terms of the "nsuran!e $!t& 1943 ?$!t No. 2( of 1943@&
and the Cor<men>s Compensation $!t& se!urities !onsidered b% the Dire!tor13eneral to be suffi!ient to
!over the liabilities of the mutual asso!iation in terms of this $!t be deposited with the Dire!tor13eneral
or his or her nominee.
?2@ .ub#e!t to the provisions of subse!tion ?4@& a se!urit% so deposited shall be used solel% for ma<ing good
the default of the asso!iation !on!erned in respe!t of an% liabilit% of an emplo%er in terms of this $!t&
and for pa%ment of an% e;penses lawfull% in!urred in !onne!tion with su!h ma<ing good or the
enfor!ement of su!h liabilit%.
?3@ )he 9inister ma% from time to time determine the !onditions upon whi!h& the manner in whi!h and the
period within whi!h an% su!h se!urit% shall be made available to a person entitled to pa%ment therefrom.
?4@ "f the 9inister is satisfied that the whole or an% portion of su!h se!urit% is no longer ne!essar% and that
the asso!iation !on!erned is not in a position to in!ur a liabilit% pa%able therefrom& he shall !ause su!h
se!urit%& or portion thereof& to be returned to su!h asso!iation.
?6@ "f an asso!iation has deposited with the Dire!tor13eneral or his or her nominee an% su!h se!urit% and
thereafter fails to meet in full an% of its liabilities in terms of this $!t& or is pla!ed in li7uidation& then&
notwithstanding the provisions of an% other law& su!h se!urit% shall vest in the Dire!tor13eneral for the
purpose of the liabilities of the asso!iation in terms of this $!t.
?'@ "f at an% time the 9inister is satisfied that a mutual asso!iation has failed to !ompl% with an% of the
!onditions imposed b% him or her under subse!tion ?1@& he or she ma% suspend or withdraw the li!en!e
issued to that asso!iation under the said subse!tion.
3*+ Securit( for pa(ment of compensation and cost of medica! aid &( emp!o(ers individua!!( !ia&!e
?1@ )he Dire!tor13eneral ma% order an emplo%er individuall% liable to deposit 4 su!h se!urities as in the
opinion of the Dire!tor13eneral are suffi!ient to !over the liabilities of the emplo%er in terms of this $!t.
?2@ "f an emplo%er has deposited with the Dire!tor13eneral an% su!h se!urit% and thereafter fails to meet in
full his liabilities in terms of this $!t& the Dire!tor13eneral ma% appl% su!h se!urit% to pa% those
liabilities& and he ma% deposit an% unused 6 balan!e in the !ompensation fund and appl% it for the
pa%ment of future liabilities of that emplo%er in terms of this $!t.
32+ Compensation ma( not &e a!ienated or reduced
?1@ Notwithstanding an%thing to the !ontrar% in an% other law !ontained& !ompensation shall not1
?a@ be !eded or pledged*
?b@ be !apable of atta!hment or an% form of e;e!ution under a #udgement or order of a !ourt of law*
?!@ 0de$eted1
?d@ be set off against an% debt of the person entitled to the !ompensation.
?2@ Notwithstanding subse!tion ?1@& the Dire!tor13eneral or the mutual asso!iation !on!erned& as the !ase
ma% be& ma% pa% !ompensation pa%able to an emplo%ee in whole or in part to the emplo%er to the
e;tent to whi!h su!h emplo%er has made pa%ments to the emplo%ee in respe!t of disablement arising
out of an o!!upational in#ur% or disease.
33+ Cession or re!in6uis,ment of &enefits void
$n% provision of an agreement e;isting at the !ommen!ement of this $!t or !on!luded thereafter in terms of
whi!h an emplo%ee !edes or purports to !ede or relin7uishes or purports to relin7uish an% right to benefits in
terms of this $!t& shall be void.
34+ Compensation not to form part of deceased emp!o(ee.s estate
Compensation in terms of this $!t owing to the death of an emplo%ee shall not form part of his estate.
35+ Su&stitution of compensation for ot,er !e'a! remedies
?1@ No a!tion shall lie b% an emplo%ee or an% dependant of an emplo%ee for the re!over% of damages in
respe!t of an% o!!upational in#ur% or disease resulting in the disablement or death of su!h emplo%ee
against su!h emplo%ee>s emplo%er& and no liabilit% for !ompensation on the part of su!h emplo%er shall
arise save under the provisions of this $!t in respe!t of su!h disablement or death.
?2@ 5or the purposes of subse!tion ?1@ a person referred to in se!tion %&(1)(b) (c) ?d@ and (e) shall be
deemed to be an emplo%er.
37+ Recover( of dama'es and compensation paid from t,ird parties
?1@ "f an o!!upational in#ur% or disease in respe!t of whi!h !ompensation is pa%able& was !aused in
!ir!umstan!es resulting in some person other than the emplo%er of the emplo%ee !on!erned ?in this
se!tion referred to as the Athird part%A@ being liable for damages in respe!t of su!h in#ur% or disease1
?a@ the emplo%ee ma% !laim !ompensation in terms of this $!t and ma% also institute a!tion for
damages in a !ourt of law against the third part%* and
?b@ the Dire!tor13eneral or the emplo%er b% whom !ompensation is pa%able ma% institute a!tion in a
!ourt of law against the third part% for the re!over% of !ompensation that he is obliged to pa% in
terms of this $!t.
?2@ "n awarding damages in an a!tion referred to in subse!tion (1)(a) the !ourt shall have regard to the
!ompensation paid in terms of this $!t.
?3@ "n an a!tion referred to in subse!tion (1)(b) the amount re!overable shall not e;!eed the amount of
damages& if an%& whi!h in the opinion of the !ourt would have been awarded to the emplo%ee but for this
$!t.
?4@ 5or the purposes of this se!tion !ompensation in!ludes the !ost of medi!al aid alread% in!urred and an%
amount paid or pa%able in terms of se!tion 28& 64?2@ or (2?2@ and& in the !ase of a pension& the
!apitalized value as determined b% the Dire!tor13eneral of the pension& irrespe!tive of whether a lump
sum is at an% time paid in lieu of the whole or a portion of su!h pension in terms of se!tion 62 or '0&
and periodi!al pa%ments or allowan!es& as the !ase ma% be.
38+ T,reats and compu!sion
$n% person who threatens an emplo%ee or in an% manner !ompels or influen!es an emplo%ee to do something
resulting in or dire!ted at the deprivation of that emplo%ee>s right to benefits in terms of this $!t& shall be guilt%
of an offen!e.
CHAPTER V
CLAIMS FOR COMPENSATION
3:+ Notice of accident &( emp!o(ee to emp!o(er
?1@ Critten or verbal noti!e of an a!!ident shall& as soon as possible after su!h a!!ident happened& be given
b% or on behalf of the emplo%ee !on!erned to the emplo%er& and noti!e of the a!!ident ma% also be
given as soon as possible to the !ommissioner in the pres!ribed manner.
?2@ 5ailure to give noti!e to an emplo%er as re7uired in subse!tion ?1@ shall not bar a right to !ompensation
if it is proved that the emplo%er had <nowledge of the a!!ident from an% other sour!e at or about the
time of the a!!ident.
?3@ .ub#e!t to se!tion 43& failure to give noti!e to an emplo%er as re7uired in subse!tion ?l@& or an% error or
ina!!ura!% in su!h noti!e& shall not bar a right to !ompensation if in the opinion of the Dire!tor13eneral1
?a@ the !ompensation fund or the emplo%er or mutual asso!iation !on!erned& as the !ase ma% be& is
not or would not be seriousl% pre#udi!ed b% su!h failure& error or ina!!ura!% if noti!e is then given
or the error or ina!!ura!% is !orre!ted*
?b@ su!h failure& error or ina!!ura!% was !aused b% an oversight& absen!e from the 0epubli! or other
reasonable !ause.
?4@ "f a seaman or airman meets with an a!!ident& the person in !ommand or the owner of the ship or
air!raft& as the !ase ma% be& shall for the purposes of this se!tion and se!tions 39& 40& 41 and 43 be
deemed to be the emplo%er.
3;+ Notice of accident &( emp!o(er to commissioner
?1@ .ub#e!t to the provisions of this se!tion an emplo%er shall within seven da%s after having re!eived noti!e
of an a!!ident or having learned in some other wa% that an emplo%ee has met with an a!!ident& report
the a!!ident to the !ommissioner in the pres!ribed manner.
?2@ 5or the purposes of subse!tion ?1@ an emplo%er referred to in se!tion 84?1@?a@?i@ means& in the !ase of1
?a@ the national and provin!ial spheres of government& the respe!tive heads of department referred
to in se!tion (?3@ of the /ubli! .ervi!e $!t& 1994 ?/ro!lamation No. 103 0f 1994@*
?b@ /arliament& the .e!retar% to /arliament*
?!@ a provin!ial legislature& the .e!retar% of the provin!ial legislature in 7uestion.
?3@ ?a@ $n emplo%er referred to in se!tion 84?1@?a@?ii@ shall within '0 da%s after the !ommen!ement of
this $!t and an emplo%er referred to in se!tion 84?1@?a@?iii@ shall within 30 da%s after having been
granted e;emption under se!tion 84?2@ furnish the !ommissioner in the pres!ribed manner with
the name of a person who shall be responsible to report on behalf of su!h emplo%er a!!idents as
re7uired b% subse!tion ?1@ ?in this se!tion referred to the Aresponsible personA@.
?b@ "f su!h emplo%er individuall% liable thereafter designates some other person as the responsible
person su!h emplo%er shall within 30 da%s after su!h designation notif% the !ommissioner thereof
in the pres!ribed manner.
?4@ Notwithstanding subse!tion ?1@ the Dire!tor13eneral ma% upon appli!ation authorize an emplo%er
individuall% liable to report a!!idents at su!h intervals and in su!h manner as the Dire!tor13eneral ma%
determine.
?6@ $n emplo%er referred to in se!tion 84?1@?b@ shall report a!!idents to the mutual asso!iation !on!erned in
the pres!ribed manner.
?'@ $n emplo%er& e;!luding an emplo%er referred to in se!tion 84?1@?a@?i@& ?ii@ and ?iii@& who fails to !ompl%
with subse!tion ?1@ shall be guilt% of an offen!e.
?(@ 5or the purposes of this se!tion an a!!ident in!ludes an% in#ur% reported b% an emplo%ee to his
emplo%er& if the emplo%ee when reporting the in#ur% alleges that it arose out of and in the !ourse of his
emplo%ment and irrespe!tive of the fa!t that in the opinion of the emplo%er the alleged a!!ident did not
so arise out of and in the !ourse thereof.
?8@ "f an emplo%er& e;!luding an emplo%er referred to in se!tion 84?1@?a@?i@& ?ii@ and ?iii@ fails to report in the
pres!ribed manner an a!!ident whi!h has happened to an emplo%ee in his& her or its servi!e within
seven da%s after having re!eived noti!e thereof or having learned thereof in some other manner& the
Dire!tor13eneral ma% impose a fine of not more than the full amount of the !ompensation pa%able in
respe!t of su!h a!!ident upon him& her or it in addition to an% other penalt% to whi!h he& she or it ma%
be liable.
?9@ "f a fine is in terms of subse!tion ?8@ imposed upon an emplo%er referred to in se!tion 84?1@?b@& and is
paid to the Dire!tor13eneral or re!overed b% him& su!h fine shall be paid over to the mutual asso!iation
!on!erned.
?10@ 5or the purposes of subse!tion ?8@ !ompensation in!ludes the !ost of medi!al aid and an% amount paid
or pa%able in terms of se!tion 28& 64?2@ or (2?2@ and& in the !ase of a pension& the !apitalized value as
determined b% the Dire!tor13eneral of the pension& irrespe!tive of whether a lump sum is at an% time
paid in lieu of the whole or a portion of su!h pension in terms of se!tion 62 or '0& and periodi!al
pa%ments or allowan!es& as the !ase ma% be.
?11@ "f the Dire!tor13eneral is of the opinion that the failure referred to in subse!tion ?8@ was not wilful or
was due to a !ause over whi!h the emplo%er had no !ontrol or that the pa%ment of the full amount of
the !ompensation pa%able in 3l respe!t of su!h a!!ident& in!luding the !apitalized value as determined in
subse!tion ?10@& will probabl% result in the insolven!% of the emplo%er !on!erned or& in the !ase of an
emplo%er that is a !ompan%& its li7uidation& the Dire!tor13eneral ma% on su!h !onditions as he ma%
thin< fit1
?a@ redu!e or remit an% fine imposed b% him*
?b@ permit the emplo%er to pa% the fine in su!h instalments as he ma% determine.
?12@ $n emplo%er shall at the re7uest of an emplo%ee or the dependant of an emplo%ee furnish su!h
emplo%ee or dependant with a !op% of the noti!e of the a!!ident furnished b% the emplo%er to the
!ommissioner in respe!t of a !laim for !ompensation b% su!h emplo%ee or dependant.
4<+ In6uir( &( #irector-)enera! into accident
?1@ )he Dire!tor13eneral shall& after having re!eived noti!e of an a!!ident or having learned in some other
wa% that an emplo%ee has met with an a!!ident& ma<e su!h in7uir% as he ma% deem ne!essar% to
enable him to de!ide upon an% !laim or liabilit% in terms of this $!t.
?2@ $n emplo%ee or emplo%er shall& at the re7uest of the Dire!tor13eneral& furnish su!h further parti!ulars
regarding the a!!ident and in#uries !on!erned as the Dire!tor13eneral ma% re7uire.
?3@ )he Dire!tor13eneral shall& at the re7uest of an in#ured emplo%ee or his emplo%er& furnish su!h
information as the Dire!tor13eneral ma% deem ne!essar% to enable that emplo%ee or emplo%er to
!ompl% with the provisions of this $!t.
?4@ $n emplo%er who fails to !ompl% with the provisions of this se!tion shall be guilt% of an offen!e.
?6@ Notwithstanding se!tion 4?1@?!@ & the Dire!tor13eneral ma% refuse to ad#udi!ate on the !laim of an
emplo%ee who fails to !ompl% with subse!tion ?2@.
4*+ Particu!ars in support of c!aim
?1@ $n emplo%ee who has met with an a!!ident shall& when reporting the a!!ident or thereafter at the
re7uest of the emplo%er or !ommissioner& furnish su!h information and do!uments as ma% be pres!ribed
or as the emplo%er or !ommissioner ma% dire!t.
?2@ .ub#e!t to se!tion '2& an emplo%er shall within seven da%s after having re!eived a !laim medi!al report
or other do!uments or information !on!erning su!h !laim send su!h !laim& report& do!uments or
information to the !ommissioner.
42+ Emp!o(ee to su&mit to medica! e=amination
?1@ $n emplo%ee who !laims !ompensation or to whom !ompensation has been paid or is pa%able shall when
so re7uired b% the Dire!tor13eneral or the emplo%er or mutual asso!iation !on!erned& as the !ase ma%
be& after reasonable noti!e& submit himself at the time and pla!e mentioned in the noti!e to an
e;amination b% the medi!al pra!titioner designated b% the Dire!tor13eneral or the emplo%er or mutual
asso!iation !on!erned.
?2@ .u!h e;penses in!urred b% the emplo%ee to !ompl% with the provisions of this se!tion as the Dire!tor1
3eneral ma% deem ne!essar% and reasonable& and the pres!ribed remuneration for a medi!al
e;amination in terms of this se!tion& shall be paid b% the part% re7uiring the e;amination.
?3@ "f& in the opinion of an% medi!al pra!titioner the emplo%ee is not !apable of !alling upon the designated
medi!al pra!titioner& the emplo%ee shall inform the part% re7uiring the e;amination thereof or !ause him
to be so informed& and the designated medi!al pra!titioner shall then e;amine the emplo%ee at a time
and pla!e as agreed upon.
?4@ $n emplo%ee shall be entitled at his own e;pense to have a medi!al pra!titioner or !hiropra!tor of his
!hoi!e present at an e;amination b% a designated medi!al pra!titioner.
43+ C!aim for compensation
?1@ ?a@ $ !laim for !ompensation in terms of this $!t shall be lodged b% or on behalf of the !laimant in the
pres!ribed manner with the !ommissioner or the emplo%er or the mutual asso!iation !on!erned& as the
!ase ma% be& within 12 months after the date of the a!!ident or& in the !ase of death& within 12 months
after the date of death.
?b@ "f a !laim for !ompensation is not lodged as pres!ribed in paragraph (a) su!h !laim for
!ompensation shall not be !onsidered in terms of this $!t& e;!ept where the a!!ident !on!erned
has been reported in terms of se!tion 39.
?2@ Notwithstanding subse!tion ?1@?a@ a !laim for !ompensation b% an% seaman or airman ma% be lodged
with the person in !ommand of the ship or air!raft !on!erned& as the !ase ma% be& e;!ept if su!h
seaman or airman is himself the person in !ommand.
?3@ "f an% seaman or airman meets with an a!!ident outside the 0epubli! resulting in death& a !laim for
!ompensation shall be instituted within 12 months after news of the death has been re!eived b% an%
dependant !laiming !ompensation.
?4@ )he provisions of se!tion 38 shall appl% m"tatis m"tandis in respe!t of an% failure to institute a !laim or
in respe!t of an% error or ina!!ura!% in a !laim instituted in terms of this se!tion.
44+ Prescription
$ right to benefits in terms of this $!t shall lapse if the a!!ident in 7uestion is not brought to the attention of
the !ommissioner or of the emplo%er or mutual asso!iation !on!erned& as the !ase ma% be& within 12 months
after the date of su!h a!!ident.
45+ Consideration of c!aim
?1@ )he Dire!tor13eneral shall !onsider and ad#udi!ate on a !laim for !ompensation& and for that purpose
ma% !arr% out su!h investigation as he ma% deem ne!essar% or he ma% formall% hear the !laim.
?2@ "f the Dire!tor13eneral de!ides upon a formal hearing& he shall in the pres!ribed manner give noti!e of
the date& time and pla!e of the hearing to the !laimant and emplo%er.
?3@ "f the Dire!tor13eneral !onsiders it ne!essar% that an% person in!luding the !laimant and the emplo%er&
should be present at a formal hearing to be interrogated& he ma% issue a subpoena for the appearan!e
of su!h witness.
?4@ Gpon appli!ation b% a person who in the opinion of the Dire!tor13eneral has a suffi!ient interest in the
sub#e!t of a formal hearing& the Dire!tor13eneral shall issue a subpoena for the appearan!e of a person
e;!ept if he is of the opinion that su!h person !annot further the investigation & in whi!h !ase the
Dire!tor13eneral shall issue a subpoena onl% if the part% appl%ing therefor deposits with the Dire!tor1
3eneral a sum suffi!ient to !over the ne!essar% e;penses to be in!urred b% the witness as well as the
!ost of the servi!e of su!h subpoena.
?6@ )he provisions of se!tion ' shall appl% m"tatis m"tandis to a person subpoenaed in terms of subse!tion
?3@ or ?4@.
?'@ )he Dire!tor13eneral ma% from time to time ad#ourn a formal hearing to a date& time and pla!e
determined b% him.
?(@ )he Dire!tor13eneral shall <eep or !ause to be <ept a re!ord of the pro!eedings at a formal hearing& and
upon pa%ment of the pres!ribed fees an% person ma% obtain a !op% of su!h re!ord.
47+ Appearance of parties
?1@ ?a@ -ver% part% to a !laim for !ompensation or his representative ma% appear before the Dire!tor1
3eneral at a formal hearing.
?b@ )he Dire!tor13eneral ma% designate an% person to investigate a !laim& attend
aformalhearing&!ross1e;aminewitnesses&addu!erebuttingeviden!eandpresent arguments.
?2@ No person other than an advo!ate or attorne% shall be entitled to an% fees or remuneration e;!ept su!h
ne!essar% e;penses as the Dire!tor13eneral ma% allow.
?3@ No fees or remuneration shall be !laimed from an emplo%ee or emplo%er e;!ept with the approval of the
Dire!tor13eneral.
?4@ ?a@ )he Dire!tor13eneral ma% of his or her own motion or on an ex parte appli!ation b% a part% to a
!laim for !ompensation & order an% attorne% emplo%ed b% su!h part% or a representative who has
allegedl%& !ontrar% to subse!tion ?2@& !laimed fees or remuneration& to submit to him or her a statement
showing what he or she has re!eived or !ontra!ted to re!eive from his or her !lient& and to submit for
ta;ation his or her bill of !osts& in!luding attorne% and !lient !osts& against su!h !lient.
?b@ Gpon su!h ta;ation the Dire!tor13eneral ma% allow su!h fees& !osts and e;penses as he ma%
!onsider reasonable in the !ir!umstan!es.
?!@ "f an amount has been paid in e;!ess of the amount allowed upon ta;ation& the e;!ess shall be
refunded to the person !on!erned& and an% agreement in terms of whi!h su!h an e;!ess is
otherwise pa%able shall be void as to that e;!ess.
?6@ )he provisions of subse!tions ?2@& ?3@ and ?4@ shall also appl% to an% a!t in !onne!tion with a !laim for
!ompensation whi!h is not the sub#e!t of a formal hearing.
?'@ $n% person who agrees or attempts to !olle!t an% mone% !ontrar% to the provisions of this se!tion shall
be guilt% of an offen!e.
CHAPTER VI
DETERMINATION AND CALCULATION OF COMPENSATION
48+ Compensation for temporar( tota! or partia! disa&!ement
?1@ ?a@ Compensation for temporar% total disablement shall be !al!ulated on the basis set out in item 1 of
.!hedule 4 sub#e!t to the minimum and ma;imum amounts.
?b@ 0de$eted1
?2@ Compensation for temporar% partial disablement shall !onsist of su!h portion of the amount !al!ulated in
terms of subse!tion ?1@ as the Dire!tor13eneral ma% !onsider e7uitable.
?3@ ?a@ Notwithstanding se!tion 29 the emplo%er in whose servi!e an emplo%ee is at the time of the a!!ident
shall be liable for the pa%ment of the !ompensation referred to in subse!tion ?1@ for the first three
months from the date of a!!ident.
?b@ $fter the e;pir% of the said three months& !ompensation so paid b% su!h emplo%er shall be repaid
to the emplo%er b% the Dire!tor13eneral or mutual asso!iation !on!erned& as the !ase ma% be.
?!@ $n emplo%er who fails to !ompl% with paragraph ?a@ shall be guilt% of an offen!e.
?4@ /a%ment of !ompensation in terms of subse!tions ?1@ and ?2@ shall ta<e pla!e in the form of periodi!al
pa%ments at su!h times and intervals& but not e;!eeding one month& as the Dire!tor13eneral ma%
determine.
?6@ ?a@ /eriodi!al pa%ments shall ta<e pla!e for so long as the temporar% total disablement !ontinues& but
not for a period e;!eeding 24 months.
?b@ "f su!h disablement !ontinues for longer than 12 months& the Dire!tor13eneral ma% order the
!ontinuation of those pa%ments for su!h further period as he ma% determine.
?'@ )emporar% total disablement !ontinuing for more than 24 months ma% be treated b% the Dire!tor1
3eneral as permanent disablement.
?(@ ?a@ No periodi!al pa%ments shall be pa%able for the period in respe!t of whi!h the emplo%er pa%s the
!ost of maintenan!e of an in#ured seaman in terms of the mer!hant shipping law.
?b@ Notwithstanding paragraph (a) su!h pa%ments ma% be made as the Dire!tor13eneral ma% deem
e7uitable but not e;!eeding the amount !ontemplated in subse!tion ?1@.
4:+ E=pir( of compensation for temporar( tota! or partia! disa&!ement
?1@ )he right to !ompensation for temporar% total or partial disablement shall e;pire1
?a@ upon the termination of su!h disablement or if the emplo%ee resumes the wor< upon whi!h he
was emplo%ed at the time of the a!!ident or o!!upational disease& or resumes an% other wor< at
the same or greater earnings*
?b@ if the emplo%ee is awarded !ompensation for permanent disablement.
?2@ Notwithstanding subse!tion ?1@ the Dire!tor13eneral ma%& and the emplo%er individuall% liable or mutual
asso!iation !on!erned& as the !ase ma% be& shall& if dire!ted thereto b% the Dire!tor13eneral& again
award !ompensation for temporar% total or partial disablement if1
?a@ the disablement of the emplo%ee !on!erned re!urs or deteriorates* or
?b@ the emplo%ee re!eives further medi!al aid ne!essitating further absen!e from his servi!e provided
that su!h aid will in the opinion of the Dire!tor13eneral redu!e his disablement.
?3@ "f the Dire!tor13eneral awards !ompensation under subse!tion ?2@& he ma% suspend or dire!t the
emplo%er individuall% liable or mutual asso!iation !on!erned& as the !ase ma% be& to suspend an%
pension pa%ments to the emplo%ee !on!erned in respe!t of the same a!!ident for so long as su!h
emplo%ee is re!eiving periodi!al pa%ments.
4;+ Compensation for permanent disa&!ement
?1@ ?a@ Compensation for permanent disablement shall be !al!ulated on the basis set out in items 2& 3& 4
and 6 of .!hedule 4 sub#e!t to the minimum and ma;imum amounts.
?b@ 0de$eted1
?2@ ?a@ "f an emplo%ee has sustained an in#ur% set out in .!hedule 2& he shall for the purposes of this $!t
be deemed to be permanentl% disabled to the degree set out in the se!ond !olumn of the said .!hedule.
?b@ "f an emplo%ee has sustained an in#ur% or serious mutilation not mentioned in .!hedule 2 whi!h
leads to permanent disablement& the Dire!tor13eneral shall determine su!h per!entage of
disablement in respe!t thereof as in his opinion will not lead to a result !ontrar% to the guidelines
of .!hedule 2.
?!@ (c) "f an in#ur% or serious mutilation !ontemplated in paragraph ?a@ or ?b@ has unusuall% serious
!onse7uen!es for an emplo%ee as a result of the spe!ial nature of the emplo%eeDs o!!upation& the
Dire!tor13eneral ma% determine su!h higher per!entage as he or she deems e7uitable.
?3@ No pa%ment for temporar% disablement in terms of se!tion 4( shall be dedu!ted from !ompensation
pa%able in terms of this se!tion.
?4@ 5or the purposes of this se!tion Amonthl% pension> > means& where it appears in the relevant items in
.!hedule 4& a pension pa%able monthl% during the lifetime of the emplo%ee and whi!h e;pires at the end
of the month in whi!h the emplo%ee dies.
5<+ Amendment of Sc,edu!e 2
)he 9inister ma% on the re!ommendation of the Dire!tor13eneral& and after !onsultation with the ,oard& amend
.!hedule 2 b% noti!e in the 3azette in respe!t of in#uries or !ategories of in#uries as well as the per!entage of
disablement: /rovided that at least '0 da%s before an% su!h amendment a noti!e shall be published in the
2a3ette1
?a@ of the intention to effe!t an amendment and the proposed !ontent of the amendment* and
?b@ inviting an% person who wishes to !omment on the proposed amendment to submit su!h
!omment in writing to the !ommissioner within the period mentioned in the noti!e.
5*+ Compensation for permanent disa&!ement of emp!o(ee in trainin' or under 27 (ears of a'e
?1@ "f as a result of an a!!ident an emplo%ee sustains permanent disablement and at the time of the
a!!ident1
?a@ was an apprenti!e or in the pro!ess of being trained in an% trade& o!!upation or profession* or
?b@ was under 2' %ears of age& the !ommissioner shall determine the earnings of su!h emplo%ee in
a!!ordan!e with subse!tion ?2@ for the purpose of the !al!ulation of !ompensation in terms of
se!tion 49.
?2@ ?a@ "n the !ase of an emplo%ee referred to in subse!tion ?1@ ?a@& his earnings shall be !al!ulated on the
basis of the earnings to whi!h a re!entl% 7ualified person or a person in the same o!!upation& trade or
profession with five %ears more e;perien!e than the emplo%ee would have been entitled at the time of
the a!!ident& whi!hever !al!ulation is more favourable to the emplo%ee.
?b@ "n the !ase of an emplo%ee referred to in subse!tion ? 1@ (b) his earnings shall be !al!ulated on
the basis of the earnings to whi!h a person of 2' %ears of age would normall% have been entitled
if at the time of the a!!ident he had been performing the same wor< as the emplo%ee or a person
in the same o!!upation& trade or profession with five %ears more e;perien!e than the emplo%ee &
whi!hever !al!ulation is more favourable to the emplo%ee.
52+ Pa(ment of !ump sum in !ieu of pension
?1@ "f a pension does not e;!eed a pres!ribed amount& the Dire!tor13eneral > ma%& upon the appli!ation of
the pensioner& pa% or dire!t the pa%ment of a lump sum in lieu of that pension or a portion thereof.
?2@ ?a@ "f a pension e;!eeds the pres!ribed amount& the Dire!tor13eneral ma%& upon the appli!ation of the
pensioner& in lieu of a portion of that pension not e;!eeding the pres!ribed amount pa% or dire!t the
pa%ment of a lump sum.
?b@ "f the balan!e of the pension pa%able is less than the pres!ribed amount per month& the Dire!tor1
3eneral ma% pa% or dire!t the pa%ment of a lump sum in lieu of the whole of su!h pension.
?3@ No pension or portion of a pension due to a !hild shall be paid in a lump sum.
?4@ $n% lump sum in terms of this se!tion shall be !al!ulated on the basis determined b% the Dire!tor1
3eneral& and the pa%ment thereof shall be sub#e!t to the !ontrol of the Dire!tor13eneral as referred to in
se!tion 69.
53+ Compensation to emp!o(ee previous!( in receipt of compensation
?1@ "n awarding !ompensation to an emplo%ee in respe!t of permanent disablement or in reviewing an
award of !ompensation& the Dire!tor13eneral ma% ta<e into a!!ount an% !ompensation awarded in terms
of this $!t or an% other law to the emplo%ee as a result of permanent disablement.
?2@ "f an emplo%ee has re!eived !ompensation for permanent disablement in terms of this $!t and
subse7uentl% meets with an a!!ident resulting in further permanent disablement in respe!t of whi!h
!ompensation is pa%able in terms of this $!t& the Dire!tor13eneral ma% !al!ulate his !ompensation in
respe!t of su!h further permanent disablement and& where appli!able& also the first1mentioned
!ompensation& on the basis of the earnings that he re!eived at the time of an% of the a!!idents
!on!erned& whi!hever earnings are more favourable to the emplo%ee.
?3@ .ub#e!t to se!tion 6'& an emplo%ee shall not be paid !ompensation in the form of a pension or pensions
in respe!t of one or more a!!idents if it amounts to more than the pension pa%able in respe!t of 100
per!ent disablement.
54+ Amount of compensation if emp!o(ee dies
?1@ "f an emplo%ee dies as a result of an in#ur% !aused b% an a!!ident& !ompensation shall be pa%able as
follows:
?a@ "f the emplo%ee leaves a dependant referred to in paragraph (a) (b) or (c) of the definition of
Adependant of an emplo%eeA in se!tion 1 ?in this se!tion referred to as the Awidow or widowerA@&
and there are no !hildren& a lump sum as set out in item ' of .!hedule 4*
?b@ if the emplo%ee leaves a widow or widower and a !hild referred to in paragraph (d) of the said
definition& !ompensation to the widow or widower !al!ulated in a!!ordan!e with paragraph (a) of
this subse!tion& and in respe!t of the !hild a pension !al!ulated in a!!ordan!e with paragraph (c)
of this subse!tion: /rovided that an% pension pa%able in terms of this paragraph shall not in all
e;!eed the pension for 100 per !ent permanent disablement whi!h would have been pa%able to
the emplo%ee under se!tion 49?1@*
?!@ if the emplo%ee leaves a !hild referred to in paragraph ?d@ of the said definition& or a !hild
referred to in paragraph ?e@ of the said definition who in the opinion of the Dire!tor13eneral is
unable to earn an in!ome owing to a ph%si!al or mental disabilit%& a pension as set out in item 8
of .!hedule 4*
?i@ if the emplo%ee at the time of his death does not leave a widow or widower or where su!h
a widow or widower later dies& the aggregate amount of the pensions pa%able in terms of
this paragraph ma%& in the dis!retion of the Dire!tor13eneral and sub#e!t to review b% him
from time to time& be in!reased b% an amount not e;!eeding the pension whi!h is or would
have been pa%able in terms of paragraph (a) of this subse!tion to the widow or widower*
?ii@ the pension pa%able in terms of this paragraph shall not in all e;!eed the pension whi!h
would have been awarded to the emplo%ee under se!tion 49?1@ in the !ase of 100 per!ent
permanent disablement*
?iii@ an% in!rease or redu!tion of a pension in terms of this proviso shall be !al!ulated in su!h
manner as the Dire!tor13eneral ma% deem e7uitable& and the amount and manner of
awarding ma% be reviewed b% him from time to time*
?iv@ the pension pa%able to a !hild referred to in paragraph ?d@ of the said definition shall lapse
at the end of the month in whi!h su!h !hild rea!hes the age of 18 %ears& e;!ept where
su!h !hild is unable to earn an in!ome owing to a ph%si!al or mental disabilit%& or dies or
marries before rea!hing the age of 18 %ears& or until the !hild !ompletes se!ondar%
edu!ation& or while the !hild is undergoing tertiar% edu!ation and it !ould reasonabl% have
been e;pe!ted that the emplo%ee would have !ontributed to the maintenan!e of that !hild&
whi!hever o!!urs last*
?v@ the pension pa%able to a !hild referred to in paragraph ?d@ or (e) of the said definition who
is unable to earn an in!ome owing to a ph%si!al or mental disabilit%& shall !ease on a date
determined b% the Dire!tor13eneral when in his or her opinion it ma% reasonabl% have
been e;pe!ted that the emplo%ee would no longer have !ontributed towards the
maintenan!e of that !hild*
?d@ if the emplo%ee leaves no dependants referred to in paragraph (a) (b) or (c) of this subse!tion
but a dependant referred to in paragraph (e) of the said definition e;!luding a !hild over the age
of 18 %ears who is unable to earn an in!ome owing to a ph%si!al or mental disabilit%& and1
?i@ who was wholl% finan!iall% dependent upon the emplo%ee& a monthl% pension whi!h in all
shall not amount to more than 40 per !ent of the pension whi!h would have been pa%able
to the emplo%ee under se!tion 49?1@ for 100 per !ent permanent disablement& for so long
as in the opinion of the Dire!tor13eneral it ma% reasonabl% have been e;pe!ted that the
emplo%ee would have !ontributed to the maintenan!e of that person* or
?ii@ who was partl% finan!iall% dependent upon the emplo%ee and there is no dependant as
!ontemplated in subparagraph ?i@& a lump sum as set out in item 9 of .!hedule 4.
?e@ 0de$eted1
?2@ )he Dire!tor13eneral ma% pa% out of the !ompensation fund su!h amount as he ma% deem reasonable&
within the limits set out in item 10 of .!hedule 4& for the funeral !osts of an emplo%ee or dire!t the
emplo%er individuall% liable or mutual asso!iation !on!erned& as the !ase ma% be& to pa% su!h !osts.
?3@ No amount shall be dedu!ted from the !ompensation awarded in terms of this se!tion to a dependant in
respe!t of an% !ompensation awarded to the emplo%ee himself in respe!t of the same or an% other
a!!ident.
?4@ $ pension pa%able to a widow or widower in terms of this se!tion shall lapse on the last da% of the
month in whi!h she or he dies.
?6@ "f an emplo%ee leaves two or more dependants referred to in paragraph (b) (d) or (e) of the definition
of Adependant of an emplo%eeA in se!tion 11
?a@ the !ompensation pa%able to the dependants shall& notwithstanding the provisions of this se!tion&
be awarded in su!h manner as the Dire!tor13eneral ma% determine: /rovided that the
!ompensation pa%able in all shall not e;!eed the lump sum and pension whi!h would have been
pa%able in terms of this se!tion if su!h emplo%ee had left onl% one su!h dependant*
?b@ the Dire!tor13eneral ma%& if one of the dependants referred to in the said paragraph (b) dies&
allo!ate the pension whi!h was pa%able to that dependant to the !hildren& if an%& of su!h
dependant or& if there are no !hildren& to the other dependant or dependants referred to in the
said paragraph (b).
?'@ 5or the purposes of this se!tion a dependant referred to in paragraph ?a@ & (b) or ?d@ of the definition of
Adependant of an emplo%eeA in se!tion 1 shall be deemed to have been wholl% finan!iall% dependent
upon the emplo%ee at the time of the a!!ident unless the !ontrar% is proved.
55+ Amendment of Sc,edu!e 4
)he 9inister ma% on the re!ommendation of the Dire!tor13eneral and after !onsultation with the ,oard& amend
.!hedule 4 b% noti!e in the 3azette in respe!t of the nature& e;tent& minimum and ma;imum amount of
benefits: /rovided that at least '0 da%s before an% su!h amendment a noti!e shall be published in the 2a3ette5
?a@ of the intention to effe!t an amendment and the proposed !ontent of the amendment* and
?b@ inviting an% person who wishes to !omment on the proposed amendment to submit su!h
!omment in writing to the !ommissioner within the period mentioned in the noti!e.
57+ Increased compensation due to ne'!i'ence of emp!o(er
?1@ "f an emplo%ee meets with an a!!ident or !ontra!ts an o!!upational disease whi!h is due to the
negligen!e1
?a@ of his emplo%er*
?b@ of an emplo%ee !harged b% the emplo%er with the management or !ontrol of the business or of
an% bran!h or department thereof*
?!@ of an emplo%ee who has the right to engage or dis!harge emplo%ees on behalf of the emplo%er*
?d@ of an engineer appointed to be in general !harge of ma!hiner%& or of a person appointed to assist
su!h engineer in terms of an% regulation made under the 9inerals $!t& 1991 ?$!t No. 60 of
1991@* or
?e@ of a person appointed to be in !harge of ma!hiner% in terms of an% regulation made under the
!!upational Bealth and .afet% $!t& 1993 ?$!t No. 86 of 1993@&
the emplo%ee ma%& notwithstanding an% provision to the !ontrar% !ontained in this $!t& appl% to the
!ommissioner for in!reased !ompensation in addition to the !ompensation normall% pa%able in terms of
this $!t.
?2@ 5or the purposes of subse!tion ?1@ an a!!ident or o!!upational disease shall be deemed also to be due to
the negligen!e of the emplo%er if it was !aused b% a patent defe!t in the !ondition of the premises& pla!e
of emplo%ment& e7uipment& material or ma!hiner% used in the business !on!erned& whi!h defe!t the
emplo%er or a person referred to in paragraph (b) (c) ?d@ or (e) of subse!tion ?1 @ has failed to remed%
or !ause to be remedied.
?3@ ?a@ $n appli!ation for in!reased !ompensation in terms of this se!tion shall be lodged with the
!ommissioner in the pres!ribed manner within 24 months after the date of the a!!ident or the
!ommen!ement of the o!!upational disease & but the > !ommissioner ma% e;tend that period b% a further
period not e;!eeding 12 months if he is satisfied that there are good reasons wh% the emplo%ee did not
lodge his appli!ation within that period& and that neither the !ompensation fund nor the emplo%er will
unreasonabl% be pre#udi!ed b% the e;tension of su!h period.
?b@ )he !ommissioner shall& as soon as possible after re!eipt of su!h an appli!ation& send a !op%
thereof to the emplo%er in whose emplo% the emplo%ee was at the time of the a!!ident or the
emplo%er in whose emplo% the emplo%ee was when he !ontra!ted the o!!upational disease.
?!@ )he provisions of se!tions '& (& 46 and 4' shall& sub#e!t to su!h rules as the !ommissioner ma%
pres!ribe for the fa!ilitation of the !onsideration of appli!ations in terms of this se!tion& appl%
m"tatis m"tandis in respe!t of su!h an appli!ation.
?4@ ?a@ "f the Dire!tor13eneral is satisfied that the a!!ident or o!!upational disease was due to negligen!e as
referred to in subse!tion ?1@& he shall award the appli!ant su!h additional !ompensation as he ma% deem
e7uitable.
?b@ )he amount of su!h additional !ompensation together with an% other !ompensation awarded in
terms of this $!t shall not e;!eed the amount of the pe!uniar% loss whi!h the appli!ant has in the
opinion of the Dire!tor13eneral suffered or !an reasonabl% be e;pe!ted to suffer as a dire!t result
of the said a!!ident or o!!upational disease.
?6@ )he Dire!tor13eneral ma% deal with an appli!ation in terms of subse!tion ?1@ m"tatis m"tandis in
a!!ordan!e with the pro!edure pres!ribed in se!tion 91 as if it were an ob#e!tion in terms of that se!tion.
?'@ )he presiding offi!er ma% in an% pro!eedings in terms of this se!tion ma<e su!h an order as to !osts and
the pa%ment thereof as he ma% deem fit.
?(@ "f in!reased !ompensation has been awarded in terms of this se!tion the Dire!tor13eneral ma% for su!h
period as he ma% deem ne!essar% appl% the provisions of se!tion 86?2@ in respe!t of the emplo%er of the
emplo%ee !on!erned.
58+ Increase of mont,!( pensions
?1@ )he 9inister ma% on the re!ommendation of the Dire!tor13eneral b% noti!e in the 2a3ette in!rease the
monthl% pensions pa%able in terms of se!tions 49 and 64 b% su!h per!entage as he ma% so determine>
/rovided that at least '0 da%s before an% su!h in!rease a noti!e shall be published in the 2a3ette5
?a@ of the intention to in!rease the monthl% pensions* and
?b@ inviting an% person who wishes to !omment on the proposed in!rease to: submit su!h !omment
in writing to the !ommissioner within the period mentioned in the noti!e.
?2@ "n determining the per!entage referred to in subse!tion ?1@ the 9inister ma% differentiate between
a!!idents whi!h happened on different dates.
5:+ Advances on compensation
"n anti!ipation of the award of !ompensation the Dire!tor13eneral ma%& if in his opinion the interests or
pressing need of the emplo%ee warrants it& advan!e to or on behalf of the emplo%ee su!h amount as he ma%
deem e7uitable or dire!t the emplo%er individuall% liable or mutual asso!iation !on!erned to advan!e it& sub#e!t
to su!h !onditions as the Dire!tor13eneral ma% determine.
5;+ Contro! over pa(ment of compensation
?1@ Compensation pa%able in terms of this $!t ma% for reasons deemed b% the Dire!tor13eneral to be
suffi!ient& be1
?a@ paid to the emplo%ee or the dependant of an emplo%ee entitled thereto& or to an% other person on
behalf of su!h enrolee or dependant& in instalments or in su!h other manner as he ma% deem fit*
?b@ invested or applied to the advantage of the emplo%ee or the dependants of an emplo%ee*
?!@ paid to the 9aster of the .upreme Court& a trustee or an% other person to be applied in
a!!ordan!e with su!h !onditions as ma% be determined b% the Dire!tor13eneral*
?d@ applied a!!ording to one or more of paragraphs (a) (b) and (c).
?2@ Notwithstanding an% provision to the !ontrar% !ontained in this $!t& if !ompensation is pa%able b% an
emplo%er individuall% liable or a mutual asso!iation& as the !ase ma% be& the Dire!tor13eneral ma% dire!t
su!h emplo%er or mutual asso!iation to pa% the whole or an% portion of the !ompensation !on!erned to
the Dire!tor13eneral to be dealt with in terms of subse!tion ?1@.
?3@ ?a@ n the death of an emplo%ee or a dependant of an emplo%ee the unpaid balan!e of an%
!ompensation awarded shall not form part of his estate and shall be paid to su!h dependant as the
Dire!tor13eneral ma% designate.
?b@ Chere there is no dependant& the Dire!tor13eneral ma% pa% su!h balan!e or a portion thereof to
the estate of the de!eased.
7<+ Pensioner resident outside Repu&!ic
?1@ "f an emplo%ee or a dependant of an emplo%ee to whom a pension is pa%able in terms of this $!t is
resident outside the 0epubli! or is absent from the 0epubli! for a period or periods totalling more than
si; months& the Dire!tor13eneral ma% award a lump sum as determined b% him in lieu of su!h pension&
and upon pa%ment of su!h lump sum the right to the pension shall e;pire.
?2@ ,efore the Dire!tor13eneral e;er!ises his power under subse!tion ?1@& he shall notif% that emplo%ee or
dependant of his intention and re7uest him to submit an% representations that he wishes to ma<e for
!onsideration to the Dire!tor13eneral within the period spe!ified b% the Dire!tor13eneral.
7*+ Recover( of compensation or ot,er &enefits
?1@ "f an emplo%er individuall% liable or a mutual asso!iation that is liable for the pa%ment of !ompensation
or an% other pe!uniar% benefit in terms of this $!t& refuses or fails to pay su!h !ompensation or benefit&
the Dire!tor13eneral ma% issue an order in the pres!ribed form for the pa%ment thereof.
?2@ )he Dire!tor13eneral shall send a !ertified !op% of the order referred to in subse!tion ?1@ to the !ler< of
the magistrate>s !ourt of the distri!t in whi!h the part% referred to in subse!tion ?1@ has its pla!e of
business& and thereupon su!h order shall have the effe!t of a !ivil #udgement of that magistrate>s !ourt
and the Dire!tor13eneral shall have all the powers of a #udgement !reditor.
?3@ $n% amount re!overed under subse!tion ?2@ shall be paid into the !ompensation fund and the provisions
of se!tion 69 shall appl% m"tatis m"tandis in respe!t of su!h amount.
72+ Provisiona! sett!ements
?1@ Notwithstanding an% provision to the !ontrar% !ontained in this $!t& the Dire!tor13eneral ma%& sub#e!t to
su!h !onditions as he ma% determine& authorize an emplo%er individuall% liable or a mutual asso!iation
to provisionall% settle !laims b% emplo%ees for !ompensation or for the pa%ment of the !ost of medi!al
aid.
?2@ $n emplo%er or asso!iation referred to in subse!tion ?1@ shall report provisional settlements to the
Dire!tor13eneral at su!h intervals and with su!h parti!ulars as the Dire!tor13eneral ma% determine& and
the Dire!tor13eneral ma% !onfirm& amend or repudiate an% su!h provisional settlement& or deal with the
!laim in a!!ordan!e with se!tion 46 as if the provisional settlement !on!erned had not been made.
73+ $anner of ca!cu!atin' earnin's
?1@ "n order to determine !ompensation& the Dire!tor13eneral shall !al!ulate the earnings of an emplo%ee in
su!h manner as in his opinion is best to determine the monthl% rate at whi!h the emplo%ee was being
remunerated b% his emplo%er at the time of the a!!ident& in!luding1
?a@ the value of an% food or 7uarters or both supplied b% the emplo%er to the date of the a!!ident*
?b@ an% overtime pa%ment or other spe!ial remuneration in !ash or in <ind of a regular nature or for
wor< ordinaril% performed& but e;!luding1
?i@ pa%ment for intermittent overtime*
?ii@ pa%ment for non1re!urrent o!!asional servi!es*
?iii@ amounts paid b% an emplo%er to an emplo%ee to !over an% spe!ial e;penses*
?iv@ ex gratia pa%ments whether b% the emplo%er or an% other person.
?2@ "f an emplo%ee>s remuneration is determined in a!!ordan!e with a rate !al!ulated upon wor< performed&
his earnings shall be deemed to be his remuneration for similar wor< upon the same !onditions of
remuneration for as long a period as possible prior to the a!!ident but not e;!eeding 12 months.
?3@ "f b% reason of the short duration of the servi!e of an emplo%ee with his emplo%er it is impra!ti!able to
!al!ulate his earnings in su!h servi!e& his earnings shall & if possible & be !al!ulated on the basis of the
amount whi!h the emplo%ee with similar wor< at the same !onditions of remuneration earned with
another emplo%er during the 12 months immediatel% prior to the a!!ident& or on the basis of the amount
whi!h during the 12 months immediatel% prior to the a!!ident was earned b% other emplo%ees of the
first1mentioned emplo%er with similar wor< and on the same !onditions of remuneration& or would have
been earned b% the emplo%ee during the previous 12 months had he been so emplo%ed.
?4@ "f an emplo%ee has entered into !ontra!ts of servi!e with two or more emplo%ers and has in terms of
those !ontra!ts wor<ed at one time for one emplo%er and at another time for another emplo%er& his
earnings shall be !al!ulated as if his earnings under all su!h !ontra!ts were earnings in the emplo%ment
of the emplo%er for whom he was wor<ing at the time of the a!!ident.
?6@ "f in the opinion of the Dire!tor13eneral it is not pra!ti!able to !al!ulate the earnings of an emplo%ee in
a!!ordan!e with the pre!eding provisions& the Dire!tor13eneral ma% !al!ulate those earnings in su!h
manner as he ma% deem e7uitable& but with due regard to the prin!iples laid down in those provisions.
?'@ )his se!tion shall not be !onstrued as prohibiting the !al!ulation of earnings on a wee<l% basis& but
where earnings are so !al!ulated the monthl% earrings shall be !al!ulated as e7ual to four and one1third
times the amount of su!h wee<l% earnings.
74+ Certain compensation to emp!o(ers pro,i&ited
?1@ $n% emplo%er who dedu!ts from the earnings of an emplo%ee an% amount or re!eives an% amount from
him to !ompensate the emplo%er dire!tl% or indire!tl% for an% amount whi!h the emplo%er is liable to pa%
in terms of this $!t& shall be guilt% of an offen!e.
?2@ $n% !ourt !onvi!ting an emplo%er of !ontravening subse!tion ?1@ shall& in addition to an% penalt% it ma%
impose& order the emplo%er to pa% to the !ommissioner within a spe!ified period and in instalments or
otherwise as the !ourt ma% determine& su!h amount as he has re!eived !ontrar% to the provisions of
subse!tion ?1@.
?3@ )he !ommissioner shall pa% the amount re!eived b% him in terms of su!h an order to the emplo%ee from
whose earnings that amount has been dedu!ted or from whom the amount has been re!eived.
?4@ Gpon appli!ation b% the emplo%er the !ourt ma% at an% time& on good !ause shown& e;tend the period
within whi!h the amount referred to in subse!tion ?2@ is pa%able or amend the amount of the
instalments.
?6@ $n order made under this se!tion shall have the effe!t of a !ivil #udgment of a magistrate>s !ourt in
favour of the !ommissioner.
CHAPTER VII
OCCUPATIONAL DISEASES
75+ Compensation for occupationa! diseases
?1@ .ub#e!t to the provisions of this Chapter& an emplo%ee shall be entitled to the !ompensation provided for
and pres!ribed in this $!t if it is proved to the satisfa!tion of the Dire!tor13eneral1
?a@ that the emplo%ee has !ontra!ted a disease mentioned in the first !olumn of .!hedule 3 and that
su!h disease has arisen out of and in the !ourse of his or her emplo%ment* or
?b@ that the emplo%ee has !ontra!ted a disease other than a disease !ontemplated in paragraph ?a@
and that su!h disease has arisen out of and in the !ourse of his or her emplo%ment.
?2@ "f the emplo%ee has !ontra!ted a disease referred to in subse!tion ?1@ and the !ommissioner is of the
opinion that the re!over% of the emplo%ee is being dela%ed or that his temporar% total disablement is
being prolonged b% reason of some other disease of whi!h the emplo%ee is suffering& he ma% approve
medi!al aid also for su!h other disease for so long as he ma% deem it ne!essar%.
?3@ "f an emplo%ee has !ontra!ted a disease referred to in subse!tion ?1@ resulting in permanent
disablement and that disease is aggravated b% some other disease& the Dire!tor13eneral ma% in
determining the degree of permanent disablement have regard to the effe!t of su!h other disease.
?4@ .ub#e!t to se!tion ''& a right to benefits in terms of this Chapter shall lapse if an% disease referred to in
subse!tion ?1@ is not brought to the attention of the !ommissioner or the emplo%er or mutual asso!iation
!on!erned& as the !ase ma% be& within 12 months from the !ommen!ement of that disease.
?6@ 5or the purposes of this $!t the !ommen!ement of a disease referred to in subse!tion ?1@ shall be
deemed to be the date on whi!h a medi!al pra!titioner diagnosed that disease for the first time or su!h
earlier date as the Dire!tor13eneral ma% determine if it is more favourable to the emplo%ee.
?'@ )he provisions of this $!t regarding an a!!ident shall appl% m"tatis m"tandis to a disease referred to in
subse!tion ?1@& e;!ept where su!h provisions are !learl% inappropriate.
77+ Presumption re'ardin' cause of occupationa! disease
"f an emplo%ee who has !ontra!ted an o!!upational disease was emplo%ed in an% wor< mentioned in .!hedule 3
in respe!t of that disease& it shall be presumed& unless the !ontrar% is proved& that su!h disease arose out of
and in the !ourse of his emplo%ment.
78+ Ca!cu!ation of compensation
?1@ Compensation for a disease referred to in se!tion '6?1@ shall be !al!ulated on the basis of the earnings
of the emplo%ee !al!ulated m"tatis m"tandis in a!!ordan!e with the provisions of se!tion '3 and the
disablement of the emplo%ee at the time of the !ommen!ement of the disease or su!h earlier date as the
Dire!tor13eneral ma% determine& if it is proved to his satisfa!tion that the emplo%ee was suffering from
the disease at an earlier date& whi!hever earnings are more favourable to the emplo%ee.
?2@ "f an emplo%ee is no longer in emplo%ment at the time of the !ommen!ement of the said disease & his
earnings shall be !al!ulated on the basis of the earnings that he would probabl% have been earning had
he still been wor<ing.
7:+ Notice of occupationa! disease &( emp!o(ee and emp!o(er
?1@ $n emplo%ee shall as soon as possible after the !ommen!ement of a disease referred to in se!tion '6?1@
give written noti!e thereof to his emplo%er or to the emplo%er where he was last emplo%ed& and he ma%
also give written noti!e of the said disease in the pres!ribed manner to the !ommissioner.
?2@ $n emplo%er shall within 14 da%s after having so re!eived noti!e or having learned in some other wa%
that an emplo%ee has !ontra!ted a disease referred to in se!tion '6?1@& report su!h disease in the
pres!ribed manner to the !ommissioner or mutual asso!iation !on!erned& as the !ase ma% be&
irrespe!tive of whether he ma% be of the opinion that the emplo%ee did not !ontra!t su!h disease in his
emplo% or in the emplo% of a previous emplo%er.
?3@ $n emplo%er who fails to !ompl% with subse!tion ?2@ shall be guilt% of an offen!e.
7;+ Amendment of Sc,edu!e 3
)he 9inister ma% on the re!ommendation of the Dire!tor13eneral and after !onsultation with the ,oard and the
!hairpersons of the medi!al advisor% panels& amend .!hedule 3 b% noti!e in the 3azette& also with retrospe!tive
effe!t& in respe!t of the des!ription of the diseases and wor<: /rovided that at least '0 da%s before an% su!h
amendment a noti!e shall be published in the 2a3ette5
?a@ of the intention to effe!t an amendment and the proposed !ontent of the amendment * and
?b@ in whi!h an% person who wishes to !omment on the proposed amendment is invited to submit
su!h !omment in writing to the !ommissioner within the period mentioned in the noti!e.
8<+ Appointment of medica! advisor( pane!s
?1@ )he Dire!tor13eneral ma% on a regional basis appoint medi!al advisor% panels whi!h shall !onsist of as
man% members as he ma% deem ne!essar% to1
?a@ assist him with regard to the diagnosis of o!!upational diseases in individual !ases*
?b@ advise him regarding the in!lusion of o!!upational diseases in .!hedule 3*
?!@ advise him regarding general poli!% !on!erning the diagnosis of& and disablement as a result of&
o!!upational diseases.
?2@ $ member of a medi!al advisor% panel shall be paid the pres!ribed remuneration and travelling and
subsisten!e allowan!es out of the !ompensation fund.
?3@ )he Dire!tor13eneral shall designate a member of a medi!al advisor% panel as !hairman thereof.
?4@ )he members of medi!al advisor% panels shall be appointed b% the Dire!tor13eneral for su!h period and
on su!h !onditions as he ma% determine & but the Dire!tor13eneral ma% at an% time terminate the
appointment of an% member who1
?a@ has been guilt% of mis!ondu!t or negle!t of dut%* or
?b@ is not able to perform his fun!tions in terms of this $!t properl%.
?6@ )he provisions of se!tion 9 shall appl% m"tatis m"tandis to members of medi!al advisor% panels.
CHAPTER VIII
MEDICAL AID
8*+ First aid
0#epea$ed1
82+ Conve(ance of in"ured emp!o(ee
?1@ "f an emplo%ee meets with an a!!ident whi!h ne!essitates his !onve%an!e to a hospital or medi!al
pra!titioner or from a hospital or medi!al pra!titioner to his residen!e& his emplo%er shall forthwith ma<e
the ne!essar% !onve%an!e available.
?2@ )he Dire!tor13eneral or the emplo%er individuall% liable or mutual asso!iation !on!erned& as the !ase
ma% be& shall pa% the reasonable !ost ?as determined b% the Dire!tor13eneral@ in!urred in respe!t of
that !onve%an!e.
?3@ $n% emplo%er who fails to !ompl% with subse!tion ?1@ shall be guilt% of an offen!e.
83+ $edica! e=penses
?1@ )he Dire!tor13eneral or the emplo%er individuall% liable or mutual asso!iation !on!erned& as the !ase
ma% be& shall for a period of not more than two %ears from the date of an a!!ident or the
!ommen!ement of a disease referred to in se!tion '6?1@ pa% the reasonable !ost in!urred b% or on
behalf of an emplo%ee in respe!t of medi!al aid ne!essitated b% su!h a!!ident or disease.
?2@ "f& in the opinion of the Dire!tor13eneral& further medi!al aid in addition to that referred to in subse!tion
?1@ will redu!e the disablement from whi!h the emplo%ee is suffering& he ma% pa% the !ost in!urred in
respe!t of su!h further aid or dire!t the emplo%er individuall% liable or the mutual asso!iation !on!erned&
as the !ase ma% be& to pa% it.
84+ Su&mission of medica! report
?1@ $ medi!al pra!titioner or !hiropra!tor shall within 14 da%s after having for the first time e;amined an
emplo%ee in#ured in an a!!ident or within 14 da%s after having diagnosed an o!!upational disease in an
emplo%ee& furnish a medi!al report to the emplo%er !on!erned in the pres!ribed manner: /rovided that
where the emplo%ee was at the time of the diagnosis of an o!!upational disease not emplo%ed& the
medi!al report shall be furnished in the pres!ribed manner to the !ommissioner.
?2@ "f the !ommissioner or the emplo%er individuall% liable or mutual asso!iation !on!erned& as the !ase ma%
be& re7uires further medi!al reports regarding an emplo%ee& the medi!al pra!titioner or !hiropra!tor who
has treated or is treating the emplo%ee shall upon re7uest furnish the desired reports in the manner and
at the time and intervals spe!ified or pres!ribed.
?3@ "f a medi!al pra!titioner or !hiropra!tor fails to furnish a medi!al report as re7uired in subse!tion ?1@ or
?2@ or in the opinion of the !ommissioner or the emplo%er individuall% liable or mutual asso!iation
!on!erned& as the !ase ma% be& fails to !omplete it in a satisfa!tor% manner& su!h part% ma% defer the
pa%ment of the !ost of the medi!al aid !on!erned until the report has been furnished or !ompleted in a
satisfa!tor% manner& and no a!tion for the re!over% of the said !ost shall be instituted before the report
has been so furnished or !ompleted.
?4@ No remuneration shall be pa%able to a medi!al pra!titioner or !hiropra!tor for the !ompletion and
furnishing of a report referred to in subse!tion ?1@ or ?2@.
?6@ $ medi!al pra!titioner or !hiropra!tor shall at the re7uest of an emplo%ee or the dependant of an
emplo%ee furnish su!h emplo%ee or dependant with a !op% of the report referred to in subse!tion ?1@.
85+ #irector-)enera! to decide on need for> and nature and sufficienc( of> medica! aid
$ll 7uestions regarding the need for& and the nature and suffi!ien!% of& an% medi!al aid supplied or to be
supplied in terms of this Chapter shall be de!ided b% the Dire!tor13eneral.
87+ Fees for medica! aid
?1@ .ub#e!t to the provisions of this se!tion& the !ost of medi!al aid shall be !al!ulated in a!!ordan!e with a
tariff of fees determined b% the Dire!tor13eneral.
?2@ )he tariff of fees for medi!al aid affe!ting the 9edi!al $sso!iation of .outh $fri!a& the Chiropra!ti!
$sso!iation of .outh $fri!a and the Dental $sso!iation of .outh $fri!a shall be determined after
!onsultation with those asso!iations.
?3@ "f the Dire!tor13eneral or an emplo%er individuall% liable or a mutual asso!iation is liable in terms of this
$!t for the pa%ment of the !ost of medi!al aid1
?a@ no amount in e;!ess of that determined in the tariff of fees or& if no amount has been determined
for parti!ular medi!al aid& no amount in e;!ess of that deemed reasonable b% the Dire!tor1
3eneral& shall be re!overable for the medi!al aid !on!erned*
?b@ no amount in respe!t of the said !ost shall be re!overable from the emplo%ee or an emplo%er
other than an emplo%er individuall% liable.
88+ Contri&utions &( emp!o(ees to/ards cost of medica! aid pro,i&ited
?1@ $n emplo%er who demands or re!eives from an emplo%ee a !ontribution towards the !ost of medi!al aid
supplied or to be supplied in terms of this $!t& shall be guilt% of an offen!e.
?2@ "f an emplo%er has been !onvi!ted of !ontravening subse!tion ?1@& the Dire!tor13eneral ma% in the
pres!ribed form issue an order against that emplo%er for the pa%ment of the amount that he re!eived
!ontrar% to the provisions of subse!tion ?1@& and se!tion '1?2@ and ?3@ shall then appl% m"tatis
m"tandis in respe!t of su!h order and amount.
8:+ $edica! aid provided &( emp!o(ers
?1@ "f an emplo%er ma<es arrangements to provide to his emplo%ees in#ured in a!!idents medi!al aid whi!h
in the opinion of the Dire!tor13eneral is not less favourable to the emplo%ees than that provided for in
this Chapter& the Dire!tor13eneral ma%& sub#e!t to su!h !onditions as he ma% determine& approve su!h
arrangements.
?2@ "f the Dire!tor13eneral has approved the arrangements referred to in subse!tion ?1@1
?a@ the emplo%ees !on!erned shall be entitled to medi!al aid in a!!ordan!e with the arrangements*
?b@ the emplo%er !on!erned shall not be re7uired to provide or pa% for medi!al aid e;!ept in
a!!ordan!e with the said arrangements*
?!@ the Dire!tor13eneral ma% reimburse an emplo%er who is not individuall% liable so mu!h out of the
!ompensation fund or redu!e his assessment to su!h an e;tent as he ma% deem e7uitable.
?3@ )he Dire!tor13eneral ma% at an% time withdraw the approval or amend the !onditions referred to in
subse!tion ?1@.
8;+ Consu!tation of representative medica! aut,orities &( #irector-)enera!
)he Dire!tor13eneral ma% !onsult the .outh $fri!an 9edi!al and Dental Coun!il referred to in the 9edi!al&
Dental and .upplementar% Bealth .ervi!e /rofessions $!t& 19(4 ?$!t No. 6' of 19(4@& the 9edi!al $sso!iation
of .outh $fri!a& the Chiropra!ti! $sso!iation of .outh $fri!a and an% other representative medi!al authorit%
!on!erning matters !onne!ted with or arising out of the appli!ation of the provisions of this $!t with regard to
medi!al aid& and ma% for that purpose dis!lose an% information relating to a matter in respe!t of whi!h the
views of the Coun!il& the $sso!iations or other authorit% are re7uired.
CHAPTER I!
O"LI#ATIONS OF EMPLO$ERS
:<+ Emp!o(er to re'ister /it, commissioner and to furnis, ,im /it, particu!ars
?1@ $n emplo%er !arr%ing on business in the 0epubli! shall within the pres!ribed period and in the pres!ribed
manner register with the !ommissioner& and shall furnish the !ommissioner with the pres!ribed
parti!ulars of his business& and shall within a period determined b% the !ommissioner furnish su!h
additional parti!ulars as the !ommissioner ma% re7uire.
?2@ )he parti!ulars referred to in subse!tion ?1@ shall be furnished separatel% in respe!t of ea!h business
!arried on b% the emplo%er.
?3@ $n emplo%er shall within seven da%s of an% !hange in the parti!ulars so furnished notif% the
!ommissioner of su!h !hange.
?4@ )he Dire!tor13eneral ma% e;empt emplo%ers referred to in se!tion 84?1@?a@ and (b) from the provisions
of this se!tion.
?6@ $n% person not resident in the 0epubli! or an% bod% !orporate not registered in terms of an% law
governing the registration of bodies !orporate in the : 0epubli!& and !arr%ing on business in the 0epubli!
or engaged in& on or above the !ontinental shelf in a!tivities in !onne!tion with surve%s& resear!h&
prospe!ting or e;ploitation of natural resour!es& and emplo%ing an emplo%ee in !onne!tion therewith&
shall furnish the !ommissioner with the address of his or its head offi!e and the name and address of his
or its !hief offi!er in the 0epubli!& and that offi!er : shall for the purposes of this $!t be deemed to be
the emplo%er of the said emplo%ee.
?'@ $n% person who fails to !ompl% with the provisions of this se!tion shall be guilt% of an offen!e.
:*+ Emp!o(er to 1eep record
?1@ $n emplo%er shall <eep a register or other re!ord of the earnings and other pres!ribed parti!ulars of all
emplo%ees & and shall at all reasonable times produ!e su!h register or re!ord or a mi!rofilm or other
mi!roform reprodu!tion thereof on demand to an authorised person referred to in se!tion ( for
inspe!tion.
?2@ $n emplo%er shall retain the register& re!ord or reprodu!tion referred to in subse!tion ?1@ for a period of
at least four %ears after the date of the last entr% in that register or re!ord.
?3@ $n emplo%er who fails to !ompl% with a provision of this se!tion shall be guilt% of an offen!e.
?4@ $ health and safet% representative ele!ted in terms of the !!upational Bealth and .afet% $!t& 1993?$!t
No. 86 of 1993@& or the 9ine Bealth and .afet% $!t& 199' ?$!t No. 29 of 199'@& and a trade union
representative ele!ted in terms of se!tion 14 of the =abour 0elations $!t& 1996 ?$!t No. '' of 1996@&
shall have the right to inspe!t& and where appropriate bring to the attention of the !ommissioner& an%
register& re!ord or do!ument whi!h the emplo%er must maintain& <eep or !omplete in terms of this $!t.
:2+ Emp!o(er to furnis, returns of earnin's
?1@ .ub#e!t to subse!tion 1$& an emplo%er& e;!luding an emplo%er referred to in se!tion 84?1@?a@ and (b)&
shall not later than the thirt%1first da% of 9ar!h in ea!h %ear furnish the !ommissioner with a return in
the pres!ribed form& !ertified b% him her or it as !orre!t& showing1
?a@ the amount of earnings up to the ma;imum !ontemplated in se!tion 83?8@ paid b% him her or it
to his her or its emplo%ees during the period with effe!t from the first da% of 9ar!h of the
immediatel% pre!eding %ear up to and in!luding the last da% of 5ebruar% of the following %ear*
and
?b@ su!h further information as ma% be pres!ribed or as the Dire!tor13eneral ma% re7uire.
?1@ $n emplo%er who !ommen!es business after the last da% of 5ebruar% of a parti!ular %ear shall within
seven da%s after su!h !ommen!ement furnish the !ommissioner with a return in the pres!ribed form&
!ertified b% him& her or it as !orre!t& showing the estimated earnings of his& her or its emplo%ees for the
period with effe!t from the !ommen!ement of the business up to and in!luding the last da% of 5ebruar%
of the following %ear.
?2@ "f an emplo%er !arries on business at more than one pla!e or if he !arries on more than one !lass of
business& the !ommissioner ma% re7uire a separate return for ea!h pla!e or !lass of business from him.
?3@ "f in a return referred to in subse!tion ?1@ the amount shown as earnings& e;!luding earnings e;!eeding
the ma;imum !ontemplated in subse!tion 83?8@& is less than the amount a!tuall% paid& the Dire!tor1
3eneral ma% impose upon and re!over from the emplo%er a fine not e;!eeding 10 per !ent of the
differen!e between the amount shown and the a!tual amount.
?4@ )he Dire!tor13eneral ma% redu!e an% fine referred to in subse!tion ?3@. ?6@ "f an emplo%er fails to
furnish a return or if the estimate of the earnings whi!h an emplo%er e;pe!ts to pa% during a parti!ular
period is in the opinion of the Dire!tor13eneral too low& the Dire!tor13eneral ma% himself estimate the
earnings !on!erned.
?6@ $n emplo%er who fails to !ompl% with the provisions of this se!tion shall be guilt% of an offen!e.
:3+ Assessment of emp!o(er
?1@ .ub#e!t to the provisions of this se!tion& an emplo%er shall be assessed or provisionall% assessed b% the
Dire!tor13eneral a!!ording to a tariff of assessment !al!ulated on the basis of su!h per!entage of the
annual earnings of his her or its emplo%ees as the Dire!tor13eneral with due regard to the re7uirements
of the !ompensation fund for the %ear of assessment ma% deem ne!essar%.
?2@ Notwithstanding subse!tion ?1@& the Dire!tor13eneral ma%1
?a@ assess a parti!ular emplo%er or !ategor% of emplo%ers on su!h other basis as he ma% deem
e7uitable*
?b@ lev% a minimum assessment in respe!t of a parti!ular emplo%er or !ategor% of emplo%ers.
?3@ "n determining the tariff of assessment the Dire!tor13eneral shall provide for the !apitalized value of
pensions.
?4@ 5or the purposes of this se!tion earnings shall be !al!ulated in the pres!ribed manner.
?6@ "f the earnings a!tuall% paid b% an emplo%er in respe!t of a parti!ular period differ from the earnings
shown in respe!t of that period in the return !on!erned& the Dire!tor13eneral shall ad#ust his assessment
a!!ordingl%.
?'@ "f an emplo%er fails to furnish the Dire!tor13eneral within the pres!ribed period with a return in terms of
se!tion 82 in respe!t of a parti!ular period& the Dire!tor13eneral ma%1
?a@ assess the emplo%er on the basis of the earnings estimated in a!!ordan!e with se!tion 82?6@
?b@ impose upon and re!over from the emplo%er a fine not e;!eeding 10 per !ent of the amount so
assessed.
?!@ where it later appears that the a!tual earnings were more than the earnings estimated under
paragraph ?a@& re!over the differen!e in the assessment from the emplo%er& and ma% impose and
re!over a fine on su!h differen!e as !ontemplated in paragraph ?b@*
?d@ where it later appears that the a!tual earnings were less than the earnings estimated under
paragraph (a) ma<e the ne!essar% ad#ustment.
?(@ $n assessment of an emplo%er shall be paid at su!h time and in su!h manner as the Dire!tor13eneral
ma% determine.
?8@ )he 9inister ma%& on re!ommendation of the Dire!tor13eneral and after !onsultation with the ,oard
pres!ribe b% noti!e in the 3azette a ma;imum amount of earnings on whi!h an assessment of an
emplo%er shall be !al!ulated b% the Dire!tor13eneral.
:4+ Certain emp!o(ers e=empt from assessment
?1@ No assessment in favour of the !ompensation fund shall be pa%able in respe!t of emplo%ees1
?a@ in the emplo% of1
?i@ the national and provin!ial spheres of government& in!luding /arliament and provin!ial
legislatures*
?ii@ a lo!al authorit% whi!h has obtained a !ertifi!ate of e;emption in terms of se!tion (0?1@?a@
?ii@ of the Cor<men>s Compensation $!t and has notified the Dire!tor13eneral in writing
within 30 da%s after the !ommen!ement of this $!t that it desires to !ontinue with the
arrangements a!!ording to the said !ertifi!ate of e;emption*
?iii@ a muni!ipalit% !ontemplated in se!tion 10, of the =o!al 3overnment transition $!t& 1993
?$!t No. 209 0f 1993@& to whi!h e;emption has been granted in terms of subse!tion 2*
?b@ whose emplo%er has with the approval of the Dire!tor13eneral obtained from a mutual
asso!iation a poli!% of insuran!e for the full e;tent of his potential liabilit% in terms of this $!t to
all emplo%ees emplo%ed b% him& for so long as he maintains su!h poli!% in for!e.
?2@ )he Dire!tor13eneral ma% upon appli!ation e;empt an% lo!al authorit% referred to in subse!tion ?1@?a@?ii@
or an% muni!ipalit% referred to in subse!tion ?1@?a@?iii@ from the obligations of an emplo%er in terms of
this $!t on su!h !onditions as he or she ma% thin< fit.
?3@ Notwithstanding the provisions of this se!tion& the Dire!tor13eneral ma% on appli!ation b% an emplo%er
referred to in subse!tion ?1@ permit su!h emplo%er to pa% assessments to the !ompensation fund in
respe!t of his emplo%ees& and thereafter the provisions of this se!tion shall !ease to appl% to su!h an
emplo%er.
:5+ ariation of tariff of assessment
?1@ "f in the opinion of the Dire!tor13eneral the business of an emplo%er is designed& e7uipped& organized or
!ondu!ted in a manner whi!h is !al!ulated to prevent a!!idents and the number of a!!idents and the
e;penditure in !onne!tion therewith are or are li<el% to be less than those usuall% o!!urring in
!omparable businesses& the Dire!tor13eneral ma% assess that emplo%er at a lower tariff of assessment
than the tariff of assessment for emplo%ers in li<e businesses.
?2@ "f the a!!ident re!ord of an emplo%er during a parti!ular period is in the opinion of the Dire!tor13eneral
less favourable than those of emplo%ers in !omparable businesses and the Dire!tor13eneral is of the
opinion that su!h state of affairs will probabl% !ontinue& the Dire!tor13eneral ma% assess su!h emplo%er
at a higher tariff of assessment than the tariff of assessment for emplo%ers in li<e businesses.
?3@ "f the a!!ident re!ord of an emplo%er during a parti!ular period is in the opinion of the Dire!tor13eneral
more favourable than those of emplo%ers in !omparable businesses& the Dire!tor13eneral ma% give su!h
emplo%er a rebate on an% assessment paid or pa%able b% him.
:7+ Assessment to &e paid &( emp!o(er to commissioner
?1@ $n assessment shall be paid b% an emplo%er to the !ommissioner within 30 da%s after the date of the
noti!e of assessment or& with the approval of the !ommissioner& in su!h instalments and at su!h times
and on su!h !onditions as the !ommissioner ma% determine.
?2@ "nterest is pa%able on an overdue assessment at a rate determined b% the Dire!tor13eneral& whi!h shall
not e;!eed the prevailing standard rate of interest as defined in se!tion 1 of the -;!he7uer $!t&
19(6?$!t No. '' of 19(6@.
:8+ Fai!ure to pa( assessment or ot,er mone(s
?1@ "f an emplo%er fails to pa% an assessment in a!!ordan!e with se!tion 8'& the Dire!tor13eneral ma%
impose a fine at the pres!ribed per!entage on the outstanding amount upon him.
?2@ ?a@ "f an emplo%er fails to !ompl% with the provisions of se!tion 80?1@ and an emplo%ee in his emplo%
meets with an a!!ident& the Dire!tor13eneral ma%& in addition to an% other penalt% to whi!h su!h
emplo%er ma% be liable& impose a fine not e;!eeding the full amount of the !ompensation pa%able in
respe!t of su!h a!!ident upon him.
?b@ "f the Dire!tor13eneral is of the opinion that su!h failure was not wilful or was due to some !ause
over whi!h the emplo%er had no !ontrol& or that pa%ment of the full amount of the !apitalized
value of a pension pa%able as !ompensation to the emplo%ee would probabl% lead to the
insolven!% of that emplo%er or& in the !ase where the emplo%er is a !ompan%& to its li7uidation&
the Dire!tor13eneral ma%1
?i@ waive in whole or in part an% fine imposed b% him*
?ii@ allow the emplo%er to pa% the penalt% in su!h instalments as he ma% determine.
?3@ $n emplo%er who refuses or fails to pa% an% assessment& instalment or fine referred to in this se!tion or
an% other mone% pa%able in terms of this $!t& shall be guilt% of an offen!e.
?4@ ?a@ "f an emplo%er fails to pa% an% amount due to the !ommissioner& the !ommissioner ma% issue an
order in the pres!ribed form for the pa%ment thereof.
?b@ )he !ommissioner shall send a !ertified !op% of the order referred to in paragraph (a) to the !ler<
of the magistrate>s !ourt of the distri!t in whi!h that emplo%er is resident or where he has his
pla!e of business& and thereupon su!h order shall have the effe!t of a !ivil #udgment of that
magistrate>s !ourt& and the !ommissioner shall have all the powers of a #udgment !reditor.
?6@ 5or the purposes of this se!tion !ompensation in!ludes the !ost of medi!al aid& as well as an% amount
paid or pa%able in terms of se!tion 28& 64?2@ or (2?2@ and& in the !ase of a pension& the !apitalized value
as determined b% the Dire!tor13eneral of the pension& irrespe!tive of whether a lump sum in lieu of the
pension or a portion thereof is at an% time paid under se!tion 62 or '0& and periodi!al pa%ments or
allowan!es& as the !ase ma% be.
::+ Contri&utions &( emp!o(ers individua!!( !ia&!e and mutua! associations
?1@ Notwithstanding an% provision to the !ontrar% !ontained in this $!t& the emplo%ers individuall% liable and
the mutual asso!iations shall pa% annuall% to the Dire!tor13eneral in su!h manner and at su!h times as
he ma% determine& su!h portion of the e;penditure in!urred b% him in the administration of the
provisions of this $!t as he ma% deem e7uitable.
?2@ ?a@ )he Dire!tor13eneral shall as soon as possible after the end of ea!h finan!ial %ear estimate the loss
suffered during that %ear as a result of !ompensation that be!ame pa%able out of the !ompensation fund
in respe!t of emplo%ees with regard to whom their emplo%ers failed to pa% assessments.
?b@ .u!h loss shall be estimated on the basis of the differen!e between the !ompensation referred to
in paragraph (a) as !al!ulated b% the Dire!tor13eneral& together with an% e;penditure in!urred or
li<el% to be in!urred in !onne!tion therewith& and the amounts re!overed from the emplo%ers
!on!erned or li<el% to be re!overed whether b% wa% of !ompensation& fines or otherwise.
?!@ )he loss for an% parti!ular finan!ial %ear ma% be revised b% the Dire!tor13eneral in subse7uent
%ears in the light of the amounts a!tuall% paid or re!overed.
?d@ )he emplo%ers individuall% liable and the mutual asso!iations shall pa% to the Dire!tor13eneral& in
su!h manner and at su!h times as he ma% determine& su!h portion of the said loss as he ma%
deem e7uitable.
?3@ )he provisions of this $!t with regard to the re!over% of assessments shall appl% m"tatis m"tandis to the
re!over% of an amount owing b% an emplo%er or mutual asso!iation in terms of this se!tion.
?4@ 5or the purposes of this se!tion !ompensation in!ludes the !ost of medi!al aid& as well as an% amount
paid or pa%able in terms of se!tion 28& 64?2@ or (2?2@ and& in the !ase of a pension& the !apitalized value
as determined b% the Dire!tor13eneral of the pension& irrespe!tive of whether a lump sum in lieu of the
pension or a portion thereof is at an% time paid under se!tion 62 or '0& and periodi!al pa%ments or
allowan!es& as the !ase ma% be.
:;+ $andators and contractors
?1@ ?a@ "f a person ?the mandator@ in the !ourse of or for the purposes of his business enters into an
agreement with an% other person ?the !ontra!tor@ for the e;e!ution b% or under the supervision of the
!ontra!tor of the whole or an% part of an% wor< underta<en b% the mandator& the !ontra!tor shall& in
respe!t of his emplo%ees emplo%ed in the e;e!ution of the wor< !on!erned& register as an emplo%er in
a!!ordan!e with the provisions of this $!t and pa% the ne!essar% assessments.
?b@ "f a !ontra!tor fails so to register or pa% an% assessment& the said emplo%ees of the !ontra!tor
shall be deemed to be the emplo%ees of the mandator& and the mandator shall pa% the
assessments in respe!t of those emplo%ees.
?2@ "f a mandator has paid an assessment or !ompensation for whi!h he would not have been liable but for
the provisions of subse!tion ?1@& su!h mandator ma% re!over that assessment or !ompensation from the
!ontra!tor.
?3@ "f a mandator has in terms of this se!tion paid an assessment or !ompensation to the !ommissioner& he
ma% set off the amount so paid b% him against his debt to the !ontra!tor.
?4@ Notwithstanding the provisions of this se!tion& the Dire!tor13eneral ma% re!over !ompensation from the
!ontra!tor instead of from the mandator& and if the full amount !annot be re!overed from the one& the
shortfall !an be re!overed from the other.
?6@ $ mandator shall not be liable in terms of this se!tion in respe!t of an% a!!ident whi!h happened at a
pla!e whi!h is not on or about the premises on whi!h the mandator undertoo< to e;e!ute the wor<& or
whi!h is not otherwise under his !ontrol or management.
CHAPTER !
LE#AL PROCEDURES
;<+ Revie/ of decisions &( #irector-)enera!
?1@ )he Dire!tor13eneral ma% after noti!e& if possible& to the part% !on!erned and after giving him an
opportunit% to submit representations& at an% time review an% de!ision in !onne!tion with a !laim for
!ompensation or the award of !ompensation on the ground1
?a@ that the emplo%ee has not submitted himself to an e;amination referred to in se!tion 42*
?b@ that the disablement giving rise to the award is prolonged or aggravated b% the unreasonable
refusal or failure of the emplo%ee to submit himself to medi!al aid*
?!@ that !ompensation awarded in the form of a periodi!al pa%ment or a pension is e;!essive or
insuffi!ient be!ause of e;isting or !hanged !ir!umstan!es*
?d@ that the de!ision or award was based on an in!orre!t view or misrepresentation of the fa!ts& or
that the de!ision or award would have been otherwise in the light of eviden!e available at present
but whi!h was not available when the Dire!tor13eneral made the de!ision or award.
?2@ )he Dire!tor13eneral ma%& after he has !onsidered the eviden!e and representations submitted to him
and made su!h in7uir% as he ma% deem ne!essar%& !onfirm& amend or set aside his de!ision& and ma%
suspend& dis!ontinue& redu!e or in!rease !ompensation awarded.
?3@ 5or the purposes of this se!tion !ompensation shall in!lude medi!al aid.
;*+ O&"ections and appea! a'ainst decisions of #irector-)enera!
?1@ $n% person affe!ted b% a de!ision of the Dire!tor13eneral or a trade union or emplo%ers> organization of
whi!h that person was a member at the relevant time ma%& within 180 da%s after su!h de!ision& lodge
an ob#e!tion against that de!ision with the !ommissioner in the pres!ribed manner.
?2@ ?a@ $n ob#e!tion lodged in terms of this se!tion shall be !onsidered and de!ided b% the presiding offi!er
assisted b% two assessors designated b% him& of whom one shall be an assessor representing emplo%ees
and one an assessor representing emplo%ers.
?b@ "f the presiding offi!er !onsiders it e;pedient& he ma%& notwithstanding paragraph (a) !all in the
assistan!e of a medi!al assessor.
?!@ )he provisions of se!tions '& (& 46 and 4' shall appl% m"tatis m"tandis in respe!t of the
!onsideration of an ob#e!tion.
?3@ ?a@ $fter !onsidering an ob#e!tion the presiding offi!er shall& provided that at least one of the assessors&
e;!luding an% medi!al assessor& agrees with him& !onfirm the de!ision in respe!t of whi!h the ob#e!tion
was lodged or give su!h other de!ision as he ma% deem e7uitable.
?b@ "f neither of the assessors agrees with the view of the presiding offi!er& the presiding offi!er shall
submit the dispute in terms of se!tion 92 to the .upreme Court for de!ision.
?4@ )he presiding offi!er ma% in !onne!tion with pro!eedings in terms of this se!tion ma<e su!h order as to
!osts and the pa%ment thereof as he ma% deem e7uitable.
?6@ ?a@ $n% person affe!ted b% a de!ision referred to in subse!tion ?3@?a@& ma% appeal to an% provin!ial or
lo!al division of the .upreme Court having #urisdi!tion against a de!ision regarding1
?i@ the interpretation of this $!t or an% other law*
?ii@ the 7uestion whether an a!!ident or o!!upational disease !ausing the disablement or
death of an emplo%ee was attributable to his or her serious and wilful mis!ondu!t*
?iii@ the 7uestion whether the amount of an% !ompensation awarded is so e;!essive or so
inade7uate that the award thereof !ould not reasonabl% have been made*
?iv@ the right to in!reased !ompensation in terms of se!tion 6'.
?b@ .ub#e!t to the provisions of this subse!tion& su!h an appeal shall be noted and prose!uted as if it
were an appeal against a #udgment of a magistrate>s !ourt in a !ivil !ase& and all rules appli!able
to su!h an appeal shall m"tatis m"tandis appl% to an appeal in terms of this subse!tion.
?'@ -;!ept where the presiding offi!er orders otherwise& no obligation to pa% an% assessment& !ompensation
or an% other amount to the Dire!tor13eneral or to the !ompensation fund& or to pa% an% periodi!al
pa%ments to or on behalf of an emplo%ee under a de!ision of the presiding offi!er& shall be suspended or
deferred b% reason of the fa!t that an ob#e!tion has been lodged against su!h de!ision in terms of
subse!tion ?1@& or that an appeal has been noted in terms of subse!tion ?6@.
?(@ ?a@ "f during the hearing of an ob#e!tion the presiding offi!er dies or be!omes unable to a!t as presiding
offi!er 1
?i@ the hearing ma%& with the !onsent of the person& trade union or emplo%ersD organisation
!ontemplated in subse!tion ?1@& pro!eed before another presiding offi!er and the assessors
!on!erned* or
?ii@ the hearing shall start de no*o if the !onsent !ontemplated in subparagraph?i@ is not
given.
?b@ "f during the hearing of an ob#e!tion an assessor dies or be!omes unable to a!t an assessor1
?i@ the hearing ma%& with the !onsent of the person& trade union or emplo%ersD organisation
!ontemplated in subse!tion ?1@& pro!eed before the presiding offi!er !on!erned and the
remaining assessor* or
?ii@ the hearing shall start de no*o if the !onsent !ontemplated in subparagraph?i@ is not
given.
;2+ #irector-)enera! ma( state case for Supreme Court
?1@ "f an% 7uestion of law arises in the performan!e of the fun!tions of the Dire!tor13eneral& the Dire!tor1
3eneral ma% of his or her own motion or at the re7uest of a part% with a suffi!ient interest in an% matter
or pro!eedings before the Dire!tor13eneral& state a !ase for de!ision b% a Bigh Court having #urisdi!tion.
?2@ )he Dire!tor13eneral shall set out in the stated !ase1
?a@ the fa!ts that he found proved* and
?b@ the view of the law whi!h he has adopted in relation to those fa!ts.
?3@ "f the Dire!tor13eneral has an% doubt as to the !orre!tness of a de!ision given b% an% provin!ial or lo!al
division of the .upreme Court regarding a 7uestion of law in !onne!tion with the appli!ation of this $!t&
he ma% submit su!h de!ision to the $ppellate Division of the .upreme Court and !ause the 7uestion of
law to be argued so that the $ppellate Division ma% de!ide su!h 7uestion of law for the future guidan!e
of all !ourts.
;3+ Evidence
?1@ )he re!ord of an% de!ision or award made b% the Dire!tor13eneral& and a !op% of or e;tra!t from a
re!ord or do!ument <ept b% the Dire!tor13eneral or lodged with him& whi!h purports to be !ertified b%
the Dire!tor13eneral as a true !op% or e;tra!t shall upon its mere produ!tion in a !ourt of law be prima
facie eviden!e of the !ontent of su!h re!ord or do!ument.
?2@ "n an% pro!eedings in terms of this $!t& or in an% !ourt of law& an% do!ument purporting to be a sworn
statement made b% the Dire!tor13eneral or an authorized person referred to in se!tion (?2@& and in
whi!h it is stated1
?a@ that an% person is an emplo%er& a mandator& a !ontra!tor& an emplo%ee or a dependant of an
emplo%ee in terms of this $!t*
?b@ that an% person is or was re7uired in terms of this $!t to pa% an amount to the Dire!tor13eneral
or to an emplo%ee or other person spe!ified in the statement*
?!@ that an amount referred to in paragraph (b) or an% portion thereof& has or has not been paid on
a date spe!ified in the statement*
?d@ that he has e;er!ised a power under this $!t& shall upon its mere produ!tion be prima facie
eviden!e of the fa!ts stated therein.
?3@ )he person presiding at the !ourt or other pro!eedings referred to in subse!tion ?1@ or ?2@ ma% !ause
the person who has made a sworn statement referred to in subse!tion ?2@ to be subpoenaed to give *i*a
*oce eviden!e or !ause written interrogatories to be sent to him for answering& and a do!ument
purporting to be a sworn statement with the answers of that person shall upon its mere produ!tion be
prima facie eviden!e of the fa!ts stated therein.
CHAPTER !I
#ENERAL
;4+ Arran'ements /it, forei'n states re'ardin' compensation
)he 9inister ma%& b% noti!e in the 3azette& issue dire!tions to give effe!t to the provisions of an% agreement
between the 0epubli! and an% other state in whi!h provision is made for re!ipro!it% in matters regarding
!ompensation to emplo%ees for a!!idents resulting in disablement or death& in!luding dire!tions1
?a@ to determine in an% !ase where an emplo%ee is entitled to !ompensation both in terms of this $!t
and in terms of the law of an% su!h state under the law of whi!h part% su!h emplo%ee or his
dependants shall be entitled to re!over !ompensation*
?b@ to authorize the Dire!tor13eneral to allow eviden!e ta<en in an% su!h state& and to obtain and
ta<e eviden!e for use in su!h state or for the fa!ilitation of pro!eedings for the re!over% of
!ompensation in terms of the law of an% su!h state.
;5+ Certain documents e=empt from stamp dut(
Notwithstanding an% provision to the !ontrar% !ontained in an% other law& an% sworn statement& !ertifi!ate&
re!eipt or other do!ument re7uired or issued under this $!t& shall be e;empt from stamp dut%.
;7+ #isc!osure of information
?1@ No person shall dis!lose an% information obtained b% him in the performan!e of his fun!tions in terms of
this $!t& e;!ept1
?a@ to the e;tent to whi!h it ma% be ne!essar% for the proper administration of a provision of this $!t*
?b@ for the purposes of the administration of #usti!e* or
?!@ at the re7uest of the 9inister or an% other person entitled thereto.
?2@ $n% person who !ontravenes the provisions of subse!tion ?1@ shall be guilt% of an offen!e.
;8+ Re'u!ations
?1@ )he 9inister ma% ma<e regulations& after !onsultation with the ,oard& regarding 1
?a@ the pla!e of meeting and the pro!edure to be followed at an% meeting of the Dire!tor13eneral and
assessors or at an% pro!eedings in terms of this $!t with whi!h the assessors are !on!erned& or at
an% investigation in terms of this $!t*
?b@ sub#e!t to se!tion ('& the fees pa%able to medi!al pra!titioners or !hiropra!tors in respe!t of
servi!es rendered in terms of this $!t*
?!@ the pro!edure to be followed in pa%ing assessments and fines to the Dire!tor13eneral*
?d@ the persons to whom& the pla!es where and the manner in whi!h pa%ment of assessments in
terms of this $!t shall be made*
?e@ the determination of the amount and the !onditions and manner of pa%ment of benefits to
assessors or !lasses of assessors*
?f@ the disposal of mone%s pa%able in terms of this $!t to an% person other than the Dire!tor13eneral
and not !laimed within the pres!ribed period b% the person entitled thereto*
?g@ an% matter whi!h shall or ma% be pres!ribed b% regulation in terms of this $!t*
?h@ an% other matter& whether or not !onne!ted with an% matter mentioned in paragraphs (a) to (g)
whi!h he ma% deem ne!essar% or e;pedient to pres!ribe in order to further the ob#e!ts and
purposes of this $!t.
?2@ Different regulations ma% be made under subse!tion ?1@ in respe!t of different !lasses of emplo%ers and
emplo%ees and of different areas& and the 9inister ma%& after !onsultation with the ,oard& in respe!t
thereof differentiate in su!h manner as he or she ma% deem e;pedient.
?3@ $n% person who !ontravenes or fails to !ompl% wit an% regulation made under subse!tion ?1@ shall be
guilt% of an offen!e and liable on !onvi!tion to a fine& or imprisonment for a period not e;!eeding si;
months.
;:+ Fa!se statements
$n% person who in !onne!tion with a !laim for !ompensation in terms of this $!t& or in an% return& noti!e&
report or statement to be given& made or furnished in terms of this $!t& ma<es or !auses to be made an%
statement whi!h is false in a material respe!t& <nowing it to be false& shall be guilt% of an offen!e.
;;+ Pena!ties
$n% person who is !onvi!ted of an offen!e in terms of this $!t shall be liable to a fine& or to imprisonment for a
period not e;!eeding one %ear.
*<<+ Repea! of !a/s
?1@ .ub#e!t to the provisions of this se!tion& the laws spe!ified in .!hedule 1 are hereb% repealed to the
e;tent set out in the third !olumn thereof.
?2@ $n% regulation made& an% dire!tion& order or dire!tive issued& an% re7uest made or an% re7uirement
pres!ribed and an% other thing done under a provision of the Cor<men s Compensation $!t& and whi!h
!ould be made& issued& pres!ribed or done under a provision of this $!t& shall be deemed to have been
made& issued& pres!ribed or done under the last1mentioned provision.
?3@ $n% !laim for !ompensation or medi!al aid under a law repealed b% subse!tion ?1@ in respe!t of an
a!!ident that happened or a s!heduled disease !ontra!ted prior to the !ommen!ement of this $!t shall
be dealt with in terms of the repealed law as if this $!t had not been passed and an% right or privilege
a!7uired or a!!rued under su!h repealed law shall not be affe!ted b% su!h repeal.
*<*+ S,ort tit!e and commencement
?1@ )his $!t shall be !alled the ,ompensation for 6cc"pationa$ 7n8"ries and (iseases Act 1993& and shall
!ome into operation on a date fi;ed b% the .tate /resident b% pro!lamation in the 2a3ette.
?2@ Different dates ma% be fi;ed under subse!tion ?1@ in respe!t of different provisions of this $!t.
SCHEDULE %
LA&S REPEALED
No+ and (ear of !a/ Tit!e E=tent of repea!
$!t No. 30 of 1941 Cor<men>s Compensation $!t& 1941 )he whole
$!t No. 2( of 1946 Cor<men>s Compensation $mendment $!t& 1946 )he whole
$!t No. 3' of 1949 Cor<men>s Compensation $mendment $!t& 1949 )he whole
$!t No. 6 of 1961 Cor<men>s Compensation $mendment $!t& 1961 >)he whole
$!t No. 61 of 196' Cor<men>s Compensation $mendment $!t& 196' )he whole
$!t No. ( of 19'1 Cor<men>s Compensation $mendment $!t& 19'1 )he whole
$!t No. 21 of 19'4 Cor<men>s Compensation $mendment $!t& 19'4 )he whole
$!t No. 68 of 19'( Cor<men>s Compensation $mendment $!t& 19'( )he whole
$!t No. 9 of 19(0 Cor<men>s Compensation $mendment $!t& 19(0 )he whole
$!t No. 2( of 19(0 .e!ond ,la!< =aws $mendment $!t& 19(0 .e!tion 2
$!t No. '0 of 19(1 Cor<men>s Compensation $mendment $!t& 19(1 )he whole
$te No. 11 of 19(4 Cor<men>s Compensation $mendment $!t& 19(4 )he whole
$!t No. 28 of 19(( Cor<men>s Compensation $mendment $!t& 19(( )he whole
$!t No. 8 of 19(9 Cor<men>s Compensation $mendment $!t& 19(9 )he whole
$!t No. 24 of 1981 Cor<men>s Compensation $mendment $!t& 1981 )he whole
$!t No. 36 of 198( Cor<men>s Compensation $mendment $!t& 198( )he whole
SCHEDULE '
In"ur( Percenta'e of permanent disa&!ement
=oss of two limbs 100
=oss of both hands& or of all fingers and both thumbs 100
)otal loss of sight 100
)otal paral%sis 100
"n#uries resulting in emplo%ee being permanentl% bedridden 100
$n% other in#ur% !ausing permanent total disablement 100
=oss of arm at shoulder '6
=oss of arm between elbow and shoulder '6
=oss of arm at elbow 66
=oss of arm between wrist and elbow 66
=oss of hand at wrist 60
=oss of four fingers and thumb of one hand 60
=oss of four fingers 40
=oss of thumb: both phalanges 26
one phalan; 16
=oss of inde; finger: three phalanges 10
two phalanges 8
one phalan; 6
=oss of middle finger: three phalanges 8
two phalanges '
one phalan; 4
=oss of ring finger: three phalanges '
two phalanges 6
one phalan; 3
=oss of little finger: three phalanges 4
two phalanges 3
one phalan; 2
=oss of meta!arpals: first& se!ond or third ?additional@ 4
fourth or fifth ?additional@ 2
=oss of leg: at hip (0
between <nee and hip 46 to (0
below <nee 36 to 46
=oss of toes: all 16
big& both phalanges (
big& one phalan; 3
toes other than big toes:
four toes (
three toes 6
two toes 3
one toe 1
=oss of e%e: whole e%e 30
sight 30
sight e;!ept per!eption of light 30
=oss of hearing: both ears 60
one ear (
)otal permanent loss of the use of a limb shall be treated as the loss of the limb.
$n% in#ur% to the left arm or hand and& in the !ase of a left1handed emplo%ee& to the right arm or hand& ma% in the
dis!retion of the Dire!tor13eneral be rated at ninet% per !ent of the above per!entage.
"f there are two or more in#uries the sum of the per!entages for su!h in#uries ma% be in!reased& in the dis!retion of
the Dire!tor13eneral.
SCHEDULE (
#iseases 0or1
?a@ An( /or1 invo!vin' t,e ,and!in' of or e=posure to an( of t,e fo!!o/in'
su&stances emanatin' from t,e /or1p!ace concernedA
/neumo!oniosis1fibrosis of the
paren!h%ma of the lung
organi! or inorgani! fibrogeni! dust
/leural thi!<ening !ausing
signifi!ant impairment of
fun!tion
asbestos or asbestos dust
,ron!hopulmonar% disease metal !arbides ?hard metals@
,%ssinosis fla;& !otton or sisal
!!upational asthma the sensitizing agents1
?1@ iso!%anates
?2@ platinum& ni!<el& !obalt& vanadium or !hromium salts
?3@ hardening agents& in!luding epo;% resins
?4@ a!r%li! a!ids or derived a!r%lates
?6@ soldering or welding fumes
?'@ substan!es from animals or inse!ts
?(@ fungi or spores
?8@ proteol%ti! enz%mes
?9@ organi! dust
?10@ vapours or fumes of formaldeh%de& anh%drides& amines or diamines
-;trinsi! allergi! alveolitis moulds& fungal spores or an% other allergeni! proteina!eous material& 2&4 toluene1di1
iso!%anates
$n% disease or pathologi!al
manifestations
ber%llium& !admium& phosphorus& !hromium& manganese& arseni!& mer!ur%& lead&
fluorine& !arbon disulfide& !%anide& halogen derivatives of aliphati! or aromati!
h%dro!arbons& benzene or its homologues& nitro1 and amino1derivatives of benzene
or its homologues& nitrogl%!erine or other nitri! a!id esters& h%dro!arbons&
trinitrotoluol& al!ohols& gl%!ols or <etones& a!r%lamide& or an% !ompounds of the
aforementioned substan!es
-rosion of the tissues of the
oral !avit% or nasal !avit%
irritants& al<alis& a!ids or fumes thereof
D%sbarism& in!luding
de!ompression si!<ness&
baro1trauma or osteone!rosis
abnormal atmospheri! or water pressure
$n% disease ionising radiation from an% sour!e
$llergi! or irritant !onta!t
dermatitis
dust& li7uids or other e;ternal agents or fa!tors
9esothelioma of the pleura or
peritoneum or other
malignan!% of the lung
asbestos or asbestos dust
9alignan!% of the lung& s<in&
lar%n;& mouth !avit% or
bladder
!oal1tar& pit!h& asphalt or bitumen or volatiles thereof
9alignan!% of the lung&
mu!ous membrane of the
nose or asso!iated air sinuses
ni!<el or its !ompounds
9alignan!% of the lung he;avalant !hromium !ompounds& or bis !hlorometh%l ether
$ngiosar!oma of the liver vin%l !hloride monomer
9alignan!% of the bladder 41amino1diphen%l& benzidine& beta napht%lamine& 41nitro1diphen%l
=eu<aemia benzene
9elanoma of the s<in pol%!hlorinated biphen%ls
)uber!ulosis of the lung ?1@ !r%stalline sili!a ?alpha 7uartz@
?2@ m%!oba!terium tuber!ulosis or 9)). ?m%!oba!terium other than tuber!ulosis@
transmitted to an emplo%ee during the performan!e of health !are wor< from a
patient suffering from a!tive open tuber!ulosis
,ru!ellosis bru!ella abortus& suis or mellitensis transmitted through !onta!t with infe!ted animals
or their produ!ts
$nthra; ba!illus anthra!is transmitted through !onta!t with infe!ted animals or their produ!ts
H1fever !o;iella burneti emanating from infe!ted animals or their produ!ts
,ovine tuber!ulosis m%!oba!terium bovis transmitted through !onta!t with infe!ted animals or their
produ!ts
0ift :alle% 5ever virus transmitted b% infe!ted animals or their produ!ts
?&@ An( /or1 invo!vin' t,e ,and!in' of or e=posure to an( of t,e fo!!o/in'A
Bearing impairment e;!essive noise
Band1arm vibration s%ndrome
?0a%naud>s phenomenon@
vibrating e7uipment
$n% disease due to
overstraining of mus!ular
tendonous insertions
repetitive movements
SCHEDULE 4
MANNER OF CALCULATIN# COMPENSATION
?i@ ?ii@ ?iii@ ?iv@ ?v@
"tem .e!tion Nature and degree
of disablement
Nature of benefits 9anner of !al!ulating benefits
1. 4(?1@(a) )emporar% total
disablement
/eriodi!al pa%ments (6I of an emplo%ee>s monthl% earnings at
the time of the a!!ident to a ma;imum
!ompensation of 0' 0'4&60 per month
2. 49?1@ /ermanent
disablement of
30I
=ump sum 16 times the monthl% earnings of the
emplo%ee at the time of the a!!ident to a
minimum and a ma;imum !ompensation of
012 3(6&00 and 0'( 960& 00& respe!tivel%
3. 49?1@ /ermanent
disablement of less
than 30I
=ump sum $n amount whi!h bears to a lump sum
!al!ulated under item 2 the same proportion
as the degree of permanent disablement to
30I
4. 49?1@ /ermanent
disablement of
100I
9onthl% pension (6I of an emplo%ee>s monthl% earnings at
the time of the a!!ident to a minimum and a
ma;imum !ompensation of 0'18&(6and
0' 0'4&60 per month& respe!tivel%*
6. 49?1@ /ermanent
disablement of less
than 100I but
more than 30I
9onthl% pension $ monthl% pension whi!h bears to a pension
!al!ulated under item 4 the same proportion
as the degree of permanent disablement to
100I
'. 64?1@(a) 5atal =ump sum )wi!e the emplo%ee>s monthl% pension that
would have been pa%able to the emplo%ee
under item 4 had he been totall%
permanentl% disabled
(. 64?1@(b) 5atal 9onthl% pension 40I of the monthl% pension that would
have been pa%able to the emplo%ee under
item 4 had he been totall% permanentl%
disabled
8. 64?1@(c) 5atal 9onthl% pension 20I of the monthl% pension that would
have been pa%able to the emplo%ee under
item 4 had he been totall% permanentl%
disabled& to ea!h !hild
9. 64?1@(e) 5atal =ump sum /er!entage dependen!e as portion of 028
'80&00
10. 64(2) 5atal 5uneral !osts $ reasonable amount for funeral !osts to a
ma;imum of 06 360& 00 or the a!tual
amount& whi!hever is the lesser

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