Employees to be included in the COID are:
- A person under contract of service with the company or an apprenticeship or learnership scheme or who is paid in accordance to the time worked or is paid in cash or in kind for services rendered.
- Casual employees.
- Director or member of a corporate body (who has entered into a service contract).
- A person provided by a labour broker for which the labour broker is remunerated.
ProcessNaturally there is a process that the employee and the employer must go through in order for compensation to be paid out (Source- COIDA & Department of Labour):
Report your injury or disease
Immediately inform your employer/supervisor, in writing, with proof of injury or disability or disease. Your employer is legally responsible for reporting your injury on duty or disease to the Compensation Fund, as well as submitting the relevant forms and documents. A claim number will be allocated and you must provide it when making enquiries.
Employer’s Report of an Accident (Form W.CI.2)
When you go to the hospital /doctor you should take the form W.CI.2 (Part B) which has been completed by both you and your employer. This form contains the details of your injury as well as your employers and your information. The form also indicates that you were injured at work.
Medical Report W.CI.4 and W.CI.5
When the doctor gives you the First Medical Report (W.CI.5) and Progress/Final Medical Reports (WCI.5, you must give these reports to your employer. Your employer must send the reports to the Compensation Fund. The First Medical Report is significant to the Compensation Fund since it provides the doctors detailed clinical description of your injury. The Final Medical report is also important since it prescribes the date when you are fit and able to go back to work. It also describes your permanent disablement, if any, as a result of the accident.
Keep in Touch
You are advised to keep in contact with your employer and make certain that he/she can contact you. If you change your address, inform your employer and the Compensation Fund Office (Department of Labour) as soon as possible.
If your employer fails to assist you or does not cooperate, or if you believe that your accident/injury has not been reported to the Compensation Fund, or if it is taking too long, then go to your local provincial office or any Labour office of the Department of Labour and report this.
Compensation you can expect
Compensation is money paid by the Compensation Fund to employees who were injured on duty, to compensate you for the loss of wages and/or to pay medical expenses. Note that you will not receive any compensation if you were off work for three or less days but medical expenses will be paid. For the first three months you are booked off from work, your employer must pay you 75% of your wages/salary as at the time of the accident. Your employer will claim this back from the Compensation Fund. If you are off work for more than three months and your employer has stopped paying you after three months, then you must claim your compensation directly from the Compensation Fund.
Temporary Total Disability
If the doctor shows in the medical reports that you have a temporary disability (an injury that will get better) you will only get 75% of the salary you were receiving at the time of the accident. This will only be paid during the time that you are unfit for duty. You will not receive any more money for your injury. No payment can be made for pain and suffering.
If the doctor shows in the Final Medical Report that you have a permanent injury such as blindness, deafness, loss of movement of a joint or an amputation of a limb or an injury that disables you permanently (that is for the rest of your life), it will be assessed according to the percentage of disability laid down in the Act. If your disability is assessed at 30% or less, you will be paid a lump sum, which is a once off payment for that injury. If your disability is assessed at more than 30% you will be entitled to the payment of a monthly pension for life from the date of stabilisation of your condition which is reflected on the Final Medical Report. The amount of this pension is calculated on your salary at the time of your accident, your percentage of disability and the benefits applicable at the time of the accident.
Death of an Employee
When an employee dies as a result of the injury or disease, his or her dependents widow or widower will get a pension for life. Allowances for the children under the age of 18 years will be included as part of the parent/guardian’s pension. This allowance will stop when the child reaches 18 years unless he/she is attending a school or tertiary institution.
Note : Payouts can be withheld in the event of willful misconduct, concealing previous injuries, or refusing to undergo treatment for the injury. Compensation cannot be ceded or pledged. Compensation due to an employee (as a result of death) cannot form part of the employee’s estate.
Employees covered by the act include:
- Casual employees
- Dependents of a deceased employee
- A director or member of a corporate body (as long as such person has entered into a contract of service or apprenticeship with the body corporate).