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COIDA and AIDS

Does COIDA cover AIDS ?  According to the Compensation for Occupational Injuries and Diseases Act (No 130 of 1993) (COIDA), COIDA gives employees the right to compensation if they are injured or become ill at work. If you get infected with HIV because of a workplace accident, you can claim for compensation. This means that […]

COIDA and accident cover while commuting to or from work

Employees are frequently concerned about the matter of whether the Compensation Commissioner will cover them if they were involved in a motor vehicle accident that occurred while travelling to/from work. COIDA stipulates that the accident should ‘‘arise out of and in the course of an employee’s employment’’. It should have occurred while the worker was […]

COIDA and Pension

When can one receive compensation in the form of a pension? A monthly pension is payable to an employee if he/she sustains permanent disablement of 31% or more. This pension is payable to the employee until his/her date of death. Should the pensioner die as a result of the accident, benefits will be carried over […]

Employers compelled to provide safe work environment for their employees

In a case last year, The Supreme Court of Appeal delivered a judgement which provides for an employee to sue their employer for damages sustained outside of the boundaries contemplated by the Compensation for Occupational Injuries and Diseases Act, 130 of 1993(COIDA). In this case a female employee was raped by an intruder on hospital […]

How to make payments for Injury on Duty (IOD)

In the event of an employee becoming injured whilst on duty, then the employer has to make payment in accordance with one of the following conditions, which are based on time periods of the IOD:   IOD :3 days or less According to Section 22(2) of the COID Act, no periodical payments shall be made […]

The difference between COIDA and ODMWA

Occupational Diseases in Mines and Works Act (ODMWA) The Occupational Diseases in Mines and Works Act provides compensation for occupational lung diseases in miners and ex-miners only. It is administered by the Medical Bureau for Occupational Disease (MBOD) which falls under the Department of Health Chief Directorate: Non Communicable Diseases. The MBOD is responsible for […]

Be a Responsible and Ethical Employer

Remember that your employees depend on the Compensation claim to pay their medical bills, so be a responsible employer by timeously submitting all relevant forms to the Compensation Fund and following up with the relevant medical practitioners and the Compensation Commissioner. In several cases employees are dismissed due to injuries or diseases that they have […]

The Role of the Employer and COIDA

Employers are required to submit all relevant forms to the Compensation Commissioner. This includes liaising with doctors and coordinating the process of claiming from the Compensation Fund. Some employers act irresponsibly by failing to report injuries or occupational diseases to the Compensation Commissioner. As a result of this, the employees are forced to pay their […]

COIDA and DELICTUAL LIABILITY

COIDA Since its inception in March 1994, COIDA, the Compensation for Occupational Injuries and Diseases Act has replaced the former Workmen’s Compensation Act. COIDA asserts that every company must register its members/employees for COIDA, even if it has only one member. All employers are obliged to pay into the Compensation Fund. The amount payable is […]

COIDA and EMPLOYEE TO EMPLOYEE LIABILITY

The provisions of Section 35(2) read with Section 56 of COIDA are important as Section 35 extends the definition of an employer to certain categories of persons referred to in Section 56 of COIDA. These are: An employee charged by the employer with the management or control of the business or of any branch or […]