Benefits to employees injured on or after
1 April 2004.
-
Compensation is payable to an injured employee during temporary total
disablement by way of periodical payments at the rate of 75% of his monthly
earnings up to R13 975,00 per month calculated on a weekly basis on 4 1/3 of R13
975,00 i.e. R3 225,00 per week.
-
The maximum compensation for temporary total disablement is R10 481,25 per
month/R2 418,75 per week.
-
No compensation is payable in respect of the first three days of disablement if
such disablement lasts for three days or less.
-
Where the disablement lasts for four days or more, compensation is payable in
respect of the entire period.
-
To calculate the period of absence from work the first day of absence is the day
in which the employee ceases work as a result of the injury or occupational
disease without completing his/her full shift.
Sundays and Public Holidays falling at the beginning or end of the period
of absence are included.
-
Absence from work of seven calendar days (i.e. including Sundays and Public
Holidays) is regarded as one week. An
absence of five days will thus be regarded as 5/7 of a week.
-
Compensation for permanent disablement where the degree of disablement is 30% or
less takes the form of a lump sum, based on 15 times the employee’s monthly
earnings up to a maximum of R7 830,00 of such earnings. The lump sum payment in respect of 30%
permanent disablement is, therefore R117 450,00.
Where disablement is less than 30% the lump sum is calculated
proportionately. Where the employee’s earnings are less than R1 528,20 per
month, the minimum compensation awarded will be calculated on R1 528,20. The minimum amount awarded will thus be
R22 923,00 in respect of a 30% disability.
-
If the degree of permanent disablement is 31% or more, compensation takes the
form of a monthly pension.
-
The pension for total permanent disablement (100%) is calculated in the same
manner as for periodical payments in respect of temporary total disablement. (See paragraph 11.1 section A1). If an employee’s permanent disablement is
less than 100%, a pension is calculated proportionately.
-
If the employee’s earnings are R1 528,20 per month or less, the pension is
calculated on R1 528,20. The minimum
pension in respect of 100% permanent disablement is R1 146,15 per month.
-
The widow/widower is entitled to the payment of:
a.
a lump sum to the equivalent of twice the monthly pension to which the
employee would have been entitled to if he/she were 100% disabled.
b.
a pension equivalent to 40% of the pension to which the employee would
have been entitled if he/she were 100% disabled.
-
Each child under 18 years of age is entitled to a monthly pension equal to 20%
of the pension which would have been payable to the employee for 100%
disablement, provided that the total pension payable to the widow or widower and
children does not exceed the amount that would have been payable to the employee
when 100% disabled. The maximum pension
payable to the widow or widower and children (three or more) is therefore R10 481,25 per month. On remarriage the widow’s or widower’s
monthly pension continues and only cease on his/her death. A child’s pension continues until the age
of 18 years, or until death or marriage before the age of 18 years.
-
In the case where the child is physically or mentally handicapped, his/her
pension continues after he/she reaches 18 years for such a period as can
reasonably be expected that the deceased employee would have maintained him/her. Child(children) who, at the time of the
employee’s death, was over 18 years of age and physically or mentally handicapped, will also
receive a pension for the same period that can reasonably be expected that the
deceased would have maintained him/her.
-
The child’s pension may continue after he/she reaches 18 years if there is
written proof that the child is busy with secondary or tertiary education. The pension will continue for such a
period as can reasonably be expected that the deceased employee would have
contributed to his/her maintenance.
-
An amount not exceeding R8 316,00 may be
paid towards the necessary burial expenses from the Compensation Fund.
All reasonable medical expenses incurred by or on behalf of an employee may be
defrayed from the Compensation Fund.
All medical accounts in respect of Exempted Employers must be submitted to the
employer who will be liable for payment.
The reasonable expenses incurred for the conveyance of an injured employee to a
hospital, doctor or to his residence, will be refunded from the Compensation
Fund.
Issued by the Compensation Commissioner,
P O Box 955 , Pretoria
, 0001.
COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO 130 OF
1993)
CALCULATION OF COMPENSATION TO ALL EMPLOYEES INJURED
ON OR AFTER 1 MARCH 2003
-
Compensation is payable to injured employees during temporary total disablement
by way of periodical payments at the rate of 75% of his monthly earnings up to
R12 428,00 per month calculated on a weekly basis on 4 1/3 of R9 321,00 i.e. R2
868,00 per week.
-
The maximum compensation for temporary total disablement is R9 321,00 per
month/R2 868,00 per week.
-
No compensation is payable in respect of the first three days of disablement if
such disablement lasts for three days or less.
-
Where the disablement lasts for four days or more, compensation is payable in
respect of the entire period.
-
To calculate the period of absence from work the first day of absence is the day
in which the employee ceases work as a result of the injury or occupational
disease without completing his/her full shift. Sundays and Public Holidays
falling at the beginning or end of the period of absence are included.
-
Absence from work of seven calendar days (i.e. including Sundays and Public
Holidays) is regarded as one week.
-
Compensation for permanent disablement where the degree of disablement is 30% or
less takes the form of a lump sum, based on 15 times the employee’s monthly
earnings up to a maximum of R6 963,00 of such earnings. The lump sum payments in
respect of 30% permanent disablement are, therefore R104 445,00. Where
disablement is less than 30% the lump sum is calculated proportionately.
Where the employee’s earnings are less than R1 359,00 per month, the minimum
compensation awarded will be calculated on R1 359,00. The minimum amount awarded
will thus be R20 385,00 in respect of a 30% disability.
-
If the degree of permanent disablement is 31% or more, compensation takes the
form of a monthly pension.
-
The pension for total permanent disablement (100%) is calculated in the same
manner as for periodical payments in respect of temporary total disablement.
(See paragraph A1). If an employee’s permanent disablement is less than 100%, a
pension is calculated proportionately.
-
If the employee’s earnings are R1 359,00 per month or less, the pension is
calculated on R1 359,00. The minimum pension in respect of 100% permanent
disablement is R1 019.25 per month.
-
The widow or widower is entitled to the payment of:
-
a lump sum to the equivalent of two times the monthly pension to which the
employee would have been entitled to if 100% disabled;
-
a pension equivalent to 40% of the pension to which the employee would have been
entitled, if 100% disabled.
-
Each child under 18 years of age is entitled to a monthly pension equal to 20%
of the pension which would have been payable to the employee for 100%
disablement, provided that the total pension payable to the widow or widower and
children does not exceed the amount that would have been payable to the employee
if 100% disabled. The maximum pension payable to the widow or widower and
children (three or more) is therefore R9 321.00 per month. On remarriage the
widow’s or widower’s monthly pension continues and only ceases on his or her
death. A child’s pension continues until the age of 18 years, or until death or
marriage before the age of 18 years.
-
An amount not exceeding R7 395,00 may be paid towards the necessary burial
expenses from the Compensation Fund.
All reasonable medical expenses incurred by or on behalf of an employee may be
defrayed from the Compensation Fund.
The reasonable expenses incurred for the conveyance of an injured employee to a
hospital, doctor or to his residence will be refunded from the Compensation
Fund.
|