DEFINITION OF EMPLOYEE:
According to the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 "employee" means a person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer, whether the contract is express or implied, oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind, and includes-
a casual employee employed for the purpose of the employer's business ;
a director or member of a body corporate who has entered into a contract of service or of apprenticeship or learnership with the body corporate, in so far as he acts within the scope of his employment in terms of such contract;
a person provided by a labour broker against payment to a client for the rendering of a service or the performance of work , and for which service or work such person is paid by the labour broker.
You can claim compensation for being permanently or temporary disabled as a result of an "Injury On Duty"
You must have a valid IOD Claim number
Compensation is payable for any impairment of function, loss of limb or any permanent defect as a result of the injury.
Permanent disablement is an injury or illness that you will never fully recover from.
To be able to claim compensation, your "Injury on Duty" claim must be accepted by the Compensation Commissioner
Depending on the degree of disablement, compensation may take the form of a lump sum payment ormonthly pension payments.
The Compensation Fund does not pay for pain or suffering, only for loss of movement or use of your body.
Loss of limbs, back or neck operation.
Paraplegia, amputation of leg, foot or hand.
Loss of vision etc.
If you have sustained a "Injury On Duty" which for example caused deafness, blindness, amputation of any limb, paraplegia or an injury that permanently disabled you for the rest of your life, it will be assessed and you could qualify for a monthly pension.
If you qualify to recieve a monthly pension, you will receive this monthly pension for the rest of your life.
We will do the pre-assessment on your behalf and assist with the process to ease the burden and uncertainty relating to this application.
Once you receive a monthly pension from the Compensation Office you must verify on a annual basis that you are alive to continue receiving the pension.
In order for us to assist with this annual verification you must provide us with a certified copy of your identity document.
As a widow(er) you can claim compensation if the breadwinner dies as a result of a work-related accident or disease.
When a fatal injury occurs and the worker is killed or dies as a result of the injury, his or her dependants (widow or widower) can get a pension for life.
Allowances for up to three children (under the age of 18) will be included as part of the parent/ guardian's pension.
This will stop when the children reach 18 years, unless they are still at school, university or technikon.
The Compensation Office requires many forms to be filled in for these pensions and you will have to supply certified copies of certain documents. Please contact us to assist with your application.
You and or your dependants don't need to suffer financially because the breadwinner passed away.
Apart from the existing services in terms of permanent disablement compensation and pension funds qualifying applicants can also claim reasonable funeral expenses from the Compensation Commisioner for burial services when an employee passed away as a result of a workplace injury.
You must have a valid IOD Claim number that has been accepted by the Compensation Commissioner.