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Compensation of Occupational Injuries and Diseases Act No. 130 of 1993 and Regulations

The Compensation of Occupational Injuries and Diseases Act No. 130 of 1993 is also available as part of the 2021 Edition of the Labour Law Library.

Publication Language: English
Print
R96.00
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ISBN/ISSN: 9781776320073

Product description

The Compensation of Occupational Injuries and Diseases Act No. 130 of 1993 is also available as part of the 2021 Edition of the Labour Law Library.

This Act aims to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.

 

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Table of contents

Compensation of Occupational Injuries and Diseases Act

Definitions

Staff to assist Director-General

Delegation of powers and assignment of duties by Director-General

Functions of Director-General

Power of Director-General to acquire and alienate immovable property and to raise money

Powers of Director-General regarding witnesses and subpoenas

Functions of commissioner

Powers of authorized person

Assessors

Compensation payable to assessors

Compensation Board

Composition of Board

Functions of Board

Term of office and remuneration of members of Board

Meetings of Board

Compensation fund

Application of compensation fund

Valuation of compensation fund

Accounting

Reserve fund

Accounts and audit

Income of funds exempt from tax

Right of employee to compensation

Accidents outside Republic

Application of Act to seamen and airmen

Accidents during training for or performance of emergency services

Special circumstances in which Director-General may refuse award

Special circumstances in which Director-General may make award

Employee requiring constant help

Liability for payment of compensation

Mutual associations

Security for payment of compensation and cost of medical aid by employers individually liable

Compensation may not be alienated or reduced

Cession or relinquishment of benefits void

Compensation not to form part of deceased employee's estate

Substitution of compensation for other legal remedies

Recovery of damages and compensation paid from third parties

Threats and compulsion

Notice of accident by employee to employer

Notice of accident by employer to commissioner

Inquiry by Director-General into accident

Particulars in support of claim

Employee to submit to medical examination

Claim for compensation

Prescription

Consideration of claim

Appearance of parties

Compensation for temporary total or partial disablement

Expiry of compensation for temporary total or partial disablement

Compensation for permanent disablement

Amendment of Schedule 2

Compensation for permanent disablement of employee in training or under 26 years of age

Payment of lump sum in lieu of pension

Compensation to employee previously in receipt of compensation

Amount of compensation if employee dies

Amendment of Schedule 4

Increased compensation due to negligence of employer

Increase of monthly pensions

Advances on compensation

Control over payment of compensation

Pensioner resident outside Republic

Recovery of compensation or other benefits

Provisional settlements

Manner of calculating earnings

Certain compensation to employers prohibited

Compensation for occupational diseases

Presumption regarding cause of occupational disease

Calculation of compensation

Notice of occupational disease by employee and employer

Amendment of Schedule 3

Appointment of medical advisory panels

Conveyance of injured employee

Medical expenses

Submission of medical report

Director-General to decide on need for, and nature and sufficiency of, medical aid

Fees for medical aid

Contributions by employees towards cost of medical aid prohibited

Medical aid provided by employers

Consultation of representative medical authorities by Director-General

Employer to register with commissioner and to furnish him with particulars

Employer to keep record

Employer to furnish returns of earnings

Assessment of employer

Certain employers exempt from assessment

Variation of tariff of assessment

Assessment to be paid by employer to commissioner

Failure to pay assessment or other moneys

Contributions by employers individually liable and mutual associations

Mandators and contractors

Review of decisions by Director-General

Objections and appeal against decisions of Director-General

Director-General may state case for Supreme Court

Evidence

Arrangements with foreign states regarding compensation

Certain documents exempt from stamp duty

Disclosure of information

Regulations

False statements

Penalties

Repeal of laws

Short title and commencement

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Compensation of Occupational Injuries and Diseases Regulations

Regulations under the Compensation for Occupational Injuries and Disease Act, (Act No. 130 of 1993) as Amended GN 16 in GG 30646 dated 11 January 2008

Regulations GN 1158 dated 31 October 2008

Rules, forms and particulars which shall be furnished in terms of the Compensation for Occu-pational Injuries and Diseases Act, 1993 (Act No. 130 of 1993) GN 983 in GG 15758 dated 27 May 1994

Classification of Industries GN 224 in GG 39784 dated 4 March 2016

Increase in Monthly Pensions GN 447 in GG 39931 dated 15 April 2016

Increase of Maximum Amount of Earnings on which the Assessment of an Employer shall be Calculated GN 449 in GG 39931 dated 15 April 2016

The Determination of Permanent Disablement resulting from Hearing Loss caused by Exposure to Excessive Noise and Trauma No. 422 in Circular Instruction 171 dated 16 May 2001

Transitional Arrangements between Instruction No. 168 and No. 171 GN 1194 in Circular Instruction No. 171 Supplement dated 16 November 2001

Compensation for Mesothelioma due to Occupational Asbestos Exposure GN 1323 in Circular Instruction 173 dated 23 October 2002

Compensation for Occupational Lung Cancer GN 1324 in Circular Instruction 174 dated 23 October 2002

Compensation for Byssinosis GN 1325 in Circular Instruction 175 dated 23 October 2002

Compensation for Pulmonary Tuberculosis in Health Care Workers GN 81 in Circular Instruction 178 dated 10 January 2003

Compensation for Occupational Asthma GN 82 in Circular Instruction 176 dated 10 January 2003

Compensation for Irritant Induced Asthma GN 598 in Circular Instruction 177 dated 29 April 2003

Circular Instruction regarding Compensation for Post Traumatic Stress Disorder (PTSD) GN 936 in Circular Instruction 172 dated 27 June 2003

Prescribed Forms to be used in the Reporting of Claims for Accidents in respect of Post Traumatic Stress Disorder and Occupational Disease GN 1098 dated 12 August 2003

Compensation of Work-Related Upper Limb Disorders (WRULDS) GN 498 in Circular Instruction No. 180 dated 23 April 2004

Prescribed Forms to be used in the Reporting of Claims for Work-Related Upper Limb Disorders GN 648 dated 21 May 2004

Circular Instruction Regarding Compensation For Occupational Contact Dermatitis GN 499 In Circular Instruction No. 181 dated 23 April 2004

Circular Instruction regarding Compensation for Pulmonary Tuberculosis associated with Silica Dust Exposure GN 852 in Circular Instruction No. 179 dated 16 July 2004

Circular Instruction regarding Compensation for Work-Related Upper Respiratory Tract Disorders GN 119 in Circular Instruction No. 187 dated 28 January 2005

Circular Instruction regarding Compensation for Work-related Asthma GN 336 in Circular Instruction No. 184 dated 25 February 2005