injured on duty 101

How does it work?

At CompSol we know every single detail about the injury on duty claims process, but we realise that for some employees (and even employers) it's not necessarily familiar ground.

Let's take a general look at the Compensation Fund and when (and if) injury on duty benefits are applicable.

The Fund
The Department of Labour has a Compensation Fund which, according to the Compensation for Occupational Injuries and Diseases (COID) Act, must provide compensation for workers who have been injured at work, became sick from diseases contracted at work, or worst case scenario, have died as a result of these injuries or diseases.

Who can claim?
Any employed person or someone that received training from an employer and who got injured or sick because of the job.

Who cannot claim?

  • Domestic workers in private households
  • Members of the South African National Defence Force and South African Police Services (they have their own fund)
  • Outworkers which employers have given articles to be made up or to wash or clean. They are not seen as working under the control of the employer
  • Employees working outside South Africa for longer than 12 months at a time

Who funds the Fund?
Employers must make an annual payment into the Compensation Fund and they are not allowed to deduct any money from workers' wages for this.

Employers who don't have to pay the Fund

  • National and provincial state departments
  • Certain local authorities
  • Employers insured by a company other than the Compensation Fund. For example, those companies which are part of the Chamber of Mines are insured by Rand Mutual Association, and many employers in the construction industry are insured by Federated Employers Mutual Assurance.

These employers are still covered by the Act and claims are made to and decided by the Commissioner. It's just the pay-outs that are made by the insurance fund of the employer (and not by the Compensation Fund).

When will the Compensation Fund not pay?

  • No payment for claims which are made more than 12 months after the accident or death, or more than 12 months after the disease is diagnosed.
  • Workers off work for three days or less is not covered for compensation but medical accounts will still be covered by the Compensation Fund.
  • No payment is made if the worker's own misconduct caused the accident, unless the worker was seriously disabled or died from the accident.
  • There may be no payment if the worker unreasonably refuses to have medical treatment

When is payment due?
The employer must pay 75% of an employee's salary to the injured worker for the first three months form the date of the occupational injury. The Compensation Fund will then reimburse the employer.

This process can be quite tricky. Let CompSol
RELAY assist you to
ensure payment!

What is seen as an injury on duty or occupational disease?
Diseases: Caused by substances or conditions that the worker was exposed to at the workplace. If your illness is not part of Schedule 3 of COID act that lists the working conditions and diseases covered by the Compensation Fund, the worker must provide medical evidence and reports which will be considered by the Fund. If the disease gets worse after a period of time, you can apply to have your compensation increased.

Injuries: Must have occurred at work or be a result thereof. Compensation is paid for temporary and permanent disabilities that lead to a loss of earnings.

The four main types of compensation payments

  • Temporary disability (the worker eventually recovers from the injury or illness)
  • Permanent disability (the worker never fully recovers)
  • Death
  • Medical expenses
  • Additional compensation

The formula?
Compensation is worked out as a percentage of the wage the worker was earning at the time the disease or injury is diagnosed. If the worker is unemployed by the time a disease is diagnosed the wage they would have been earning must be calculated.

The Compensation Fund does not pay for pain and suffering, only for loss of movement or use of your body.

Remember, will only pay if they have ALL the documentation related to the claim. This can be many months after the accident.

To ensure you submit the correct forms from the start and have everything you need to get payment, contact CompSol RELAY who offers a paperless and integrated system that is "Compensation Fund friendly".

Claims at the Compensation Fund do not prescribe. Please contact CompSol RELAY for friendly and professional advice if in doubt.

Step 1 - Employer logs an injury on the CompSol system.Step 2 - Medical service providers are notified about the injured employee.Step 3 - Medical service provider logs all details on CompSol system and gets paid.