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 benefit medical examination of miners and ex-miners. ODMWA provides for post mortem benefits (through the National Institute for Occupational Health’s Pathology Section) for miners if an occupational disease is found, even if it was not the cause of death. ODMWA pays lump sum benefits based on the level of impairment and does not make any further pension provision. The low-fence for lung function loss is 35% for compensation to be paid out. All medical expenses including follow-up related to the treatment of the lung disease is paid by the mine owner(s).

COIDA covers occupational injuries and diseases in all industries including those from the mining sector that are not covered by ODMWA; such as noise-induced hearing loss. COIDA pays lump sums for permanent disability under 30% and pensions if the permanent disability is proved to be more than 30%. The level of impairment needed for compensation is 20%. This Act is generally considered to be more generous in terms of compensation payouts. The Act, however, does not make provision for post-mortem diagnosis but would still consider a case for compensation if an occupational disease is found at post mortem or if it is the cause of death.(Source:NIOH)

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