Employees who get hurt at work, or become sick from diseases caused by their work, can claim Compensation from the Compensation Fund. Employers pay into the Fund. If a worker gets hurt and can claim from the Fund, they can’t take the employer to court. However, there is a legal duty on the part of employers to report any accident at work where a worker has been hurt or injured. (See Compensation Fund)

The Fund does not pay the worker if the accident is the employer’s fault. The employee will have to sue the employer in court.

EMPLOYER’S FAILURE TO REGISTER

Employers are required to register with the Compensation Fund and if they fail to do this, they can be held directly liable for any accidents at work. This means they can be sued by workers for injuries or death resulting from accidents while on duty. The Compensation Fund is insurance for employers against these claims.  Claims under the Compensation Fund do not require the worker to prove liability against any party. In other words, they don’t have to prove who was responsible for the accident if they get injured while on duty. 

HOW TO REGISTER FOR COMPENSATION

As soon as a business employs someone, the owner of the business must register with the Department of Employment and Labour to pay compensation. An employer must register with with Compensation Fund within 7 days of employing someone. 

For employers who want to  apply online for registration at the Compensation Fund, follow these steps: 

• Register online at www.labour.gov.za. Click Online Services, click ROE (Return of Earnings) Online (CFonline.labour.gov.za) or
• Complete the Registration Form
• Attach the CIPC certificate, UIF Proof of Registration, ID copies of the owners/directors, a proof of the business residence.
• For a Non-Profit Organisation (NPO), attach the CIPC certificate, UIF Proof of Registration, NPO certificate, ID copies of the owners/directors, a proof of the business residence
• For a Sole Trader/Proprietor, ID copies of the owners/directors, a UIF Proof of Registration, a proof of the business residence
• Forward to RegistrationCF@labour.gov.za
• A Contract Account Number (99…….) will be issued when the registration is finalised

If the business owner prefers to do the process manually, they must get a registration form from an office of the Department of Employment and Labour or from their website: www.wcomp.gov.za. The form must be completed and sent to the Compensation Commissioner at: PO Box 955, Pretoria, 0001.  

The Commissioner will send the owner a registration number in about 6 weeks. The Commissioner will also tell the owner of the business how much to pay to the Compensation Fund every year. The owner of the business only pays once a year. The amount depends on how dangerous the work is.

DOES THE EMPLOYER PAY COMPENSATION FOR ALL EMPLOYEES?

COIDA applies to the following people:

• All employers
• Casual and full-time employees who, as a result of a workplace accident or work-related disease:
  • are injured, disabled, or killed; or
  • become ill.

This excludes –

• Employees who are totally or partially disabled for 3 days or less
• Anyone receiving military training
• Employees of:
  • the South African National Defence Force
  • the South African Police Service
• Any worker guilty of wilful misconduct, unless they are seriously disabled or they are killed and they have someone who depends on them for money

• Employees working mainly outside the RSA and only temporarily employed in the RSA.

WHAT MUST THE EMPLOYER DO WHEN SOMEONE GETS HURT AT WORK?

Report the accident – The employer must report the accident to the Compensation office in Pretoria as soon as possible, but not later than 7 days after the employer finds out about the accident, or within 14 days of the employer finding out that the employee has an occupational disease. The employer reports the accident by filling in form WCL 2.

Submit a claim for compensation – A notice of an accident and claim for compensation must be completed by an employee or on their behalf on Form WCL 3. Claims for compensation must be submitted to the Commissioner or employer within 12 months of the date of an accident or death.

Employees may apply for more compensation if they have an accident due to the carelessness of:

• The employer
• An employee who acts for the employer
• Anyone in charge of machinery.