Compensation can be claimed by the widow or dependants if an employee dies as a result of a work-related accident or disease.

Claimants for death benefits must submit copies of the following documents:

• Marriage certificate or proof that the couple lived as husband and wife
• Birth certificates or baptismal certificates of children (for proof of children)
• The death certificate
• Declaration by the widow/er (form W.C.L 32)
• The employer’s report of the accident or disease
• Funeral accounts (form W.C.L 46)
• A special Compensation form must be filled in, giving details of income and property

Who Can Claim Compensation when an Employee Dies in the Course and Scope of Duty?

• The widow/er:
  • Lump sum payment: 2 x monthly pension of employee (the pension is the amount the employee would have been paid if he/she had been 100% disabled)
  • monthly pension for life: 40% x monthly pension of employee, paid every month
• Each child under the age of 18 years (including illegitimate, adopted and step children) is entitled to:
  • 20% x monthly pension of employee, paid every monthly until the child is 18 years old
  • the pension can continue for longer if the child is mentally or physically handicapped
• Other dependants, if there is no widow/er or children (parents, sisters, brothers, half-sisters, etc.):
  • full dependants: get the same as the widow
  • partial dependants: get a lump sum that is worked out according to the degree of dependence
• The person who pays for the funeral expenses: gets paid expenses up to R11 155.

Note: The total monthly pension per family cannot be more than the pension the deceased employee would have received if he/she was 100% disabled (i.e. 75% of the monthly wage).