Author: Odessa Nutter
The Compensation for Occupational Injuries and Diseases Act (COIDA) is a South African law that provides compensation for employees who are injured or contract an occupational disease while on the job. We receive many enquiries from our readers regarding COIDA, so for your convenience have put together a handy FAQ with some of our most popular questions.
1. Who is covered by COIDA?
COIDA covers all employees who are working in South Africa, including foreign workers and part-time employees such as domestic workers and part-time workers, who are injured or contract diseases while on the job. However, some categories of employees are excluded from the Act, such as members of the South African National Defense Force and certain volunteers.
2. What benefits do employees receive under COIDA?
Employees who are injured or contract a disease because of their work are entitled to medical treatment, rehabilitation and compensation for loss of income. In the case of a work-related death, the dependents of the deceased employee may be entitled to compensation for loss of support.
3. Who pays for the compensation under COIDA?
The compensation is paid by the employer, who is required by law to register with the Compensation Fund and to pay annual assessments based on their payroll. The Compensation Fund is a public entity that manages the funds collected from employers and administers the compensation payments.
4. What is the process for making a claim under COIDA?
Employees who are injured or contract diseases while on the job must report the incident to their employer within seven days. The employer must then report the incident to the Compensation Fund within 14 days. The employee can also submit a claim directly to the Compensation Fund if the employer fails to do so. The Compensation Fund will investigate the claim and determine whether compensation is payable.
5. How long does it take for a claim to be processed under COIDA?
The processing time for a claim varies depending on the complexity of the case and the availability of supporting documentation. Generally, the Compensation Fund aims to process claims within 120 days of receiving all the necessary information.
6. Can employees sue their employer for work-related injuries or diseases?
Under COIDA, employees are generally not allowed to sue their employer for work-related injuries or diseases. The Act provides a no-fault compensation system, which means that the employee is entitled to compensation regardless of who was at fault for the incident. However, there are some exceptions where the employee may be allowed to sue their employer, such as in cases of intentional harm or gross negligence.
7. What benefits does COIDA provide?
COIDA provides for medical expenses, temporary disability benefits, permanent disability benefits, and death benefits. The amount of benefits paid depends on the severity of the injury or disease.
8. What types of injuries and diseases are covered by COIDA?
COIDA covers all injuries and diseases that are caused by or arise out of an employee’s work. This includes physical injuries, such as broken bones caused by accidents or repetitive strain, as well as diseases caused by exposure to chemicals, radiation, or infectious diseases.
9. What types of compensation are available under COIDA?
Compensation under COIDA include medical expenses, disability benefits and death benefits. The amount of compensation depends on the severity of the injury or illness and the extent of the employee’s disability.
10. Can I still claim compensation if the injury was my fault?
Yes, you can, however if the injury was caused by your own negligence or misconduct, the amount of compensation may be reduced.
11. Can I claim compensation if I was injured while commuting to or from work?
No, injuries sustained while commuting to or from work are not covered by COIDA. However, injuries sustained while traveling for work-related purposes are covered.
12. What should I do if my employer refuses to pay compensation under COIDA?
If your employer refuses to pay compensation under COIDA, you can file a complaint with the Compensation Commissioner. You may also seek legal advice and take legal action against your employer.
13. Is COIDA the only option for injured workers in South Africa?
No. Workers who are not covered by COIDA may be able to claim compensation through common law or other statutory schemes. It is recommended that you seek legal advice to explore your options.
14. Do I need a lawyer to make a claim under COIDA?
You do not need a lawyer to make a claim under COIDA, but it can be helpful to consult with one if your claim is complex or if you are having difficulty getting the benefits you are entitled to.
For all your COIDA assistance and queries please contact us, you can also view our COIDA fact sheet together with pricing here.