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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Codes of Good Practice

Code of Good Practice for Employment and Conditions of work for Expanded Public Works Programmes

13. Compensation for Occupational Accidents and Diseases

 

 

The Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) applies to all EPWPs.

 

13.1) Administrative Obligations

 

Every employer must—

• register with the Compensation Commissioner and cover all workers in the EPWP (this is done by submitting a completed WAS 2 form);
• notify the Commissioner of any changes in particulars;
• keep a register of wages, time worked and payment (this is the same register described above);
• submit a return of wages paid each March; and
• pay assessments (contributions) as required by the Commissioner.

 

13.2) Obligations in respect of accidents and occupational diseases

 

Every employer must report to the Compensation Commissioner—

• accidents within 7 days (W CI 3 form); and
• occupational diseases within 14 days (W CI 14 form).

 

13.3) An employer must pay a worker who is injured in an accident at work and who is unable to work 75% of their wages for a period of up to three months or until the end of the worker's contract, whichever comes first. The Compensation Fund will refund the employer this money.

 

13.4) The family of a worker who is killed in an accident at work (or who dies from an occupational disease) is entitled to receive compensation in terms of the provisions of COIDA.An employer should help them to lodge their claim and, wherever possible, provide employment for another member of the family.

 

13.5) A worker who is injured in an accident that is caused by the negligence of an employer is entitled to claim additional compensation in terms of section 56 of COIDA.