There are several types of compensation that workers can claim from the Compensation Fund for following an accident at work or the discovery of a work-related disease.
In this article, our attorneys in South Africa briefly explain each of them for you.
Following an accident or discovery of an illness, workers can claim their medical expenses for up to 2 years. These are paid from the date of the accident or disease diagnosis.
Some of these expenses include:
Being temporarily disabled means that you cannot work or complete parts of your work – however, this is only temporary, and you will get better.
To claim for this – you need to be booked off by a doctor for more than 3 days. You will be paid out for the time you cannot work. This includes the first 3 days.
In the case where you are unable to work entirely – you will be paid out 75% of your usual monthly salary or weekly wages.
If you are still able to do parts of your work – your employer will pay you some of your wages. However, the fund will contribute 75% of the difference between your usual salary and what you actually got paid.
If medical accounts are submitted to the commissioner, then all medical expenses will be paid.
Temporary disability can be claimed for up to 1 year – it may be extended to 2 years. However, following the 2nd year - the condition may be considered a permanent disability.
A permanent disability is something that you will never recover from – for instance losing a leg. Whether you will work or not work again depends on how serious the injury is.
Permanent disabilities are evaluated and given a percentage (1% to 100%) depending on how serious the disability is. Losing both legs would be 100% whereas losing one of your toes might equate to 1%.
Following a medical report written by your doctor, the Commissioner as well as several other doctors will determine how critical the disability is.
Disabilities greater than 30% will be paid a monthly pension. The monthly pension amount is determined by what your wages were prior to the injury. 100% disabilities will receive 75% of their wages.
Disabilities that are less serious will still be paid out a monthly payment for the rest of their lives, however, the amounts will be calculated individually by the Commissioner.
Disabilities less than 30% will be paid out a lump sum. This is a once-off payment.
If the breadwinner of the family is killed by an occupational injury or disease – their family is eligible to claim from the fund.
The amount paid out to the family depends on the deceased’s pension as well as how each person is related to the deceased.
The wife/husband as well as all children are entitled to compensation – this includes illegitimate, adopted and stepchildren.)
In the case where there is no wife/husband or children – then the parents of the deceased will receive the compensation.
The following certified documents need to be provided to claim compensation for the death of a family member:
In our next article, our attorneys will be discussing how to successfully claim from the Compensation Fund.
Contact us for expert legal assistance.
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