Basic Guide to Compensation for Occupational Fatalities

by admin — last modified 2008-09-12 11:14

When workers die as a result of occupational injuries or diseases, their dependants can claim compensation.

The Compensation for Occupational Injuries and Diseases Act applies to:

all employers; and
casual and full-time workers who, as a result of a workplace accident or work-related disease:
- are injured, disabled, or killed; or
- become ill.

This excludes -

workers who are totally or partially disabled for less than 3 days;
domestic workers;
anyone receiving military training;
members of –
- the South African National Defence Force, or
- the South African Police Service;
any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
anyone employed outside the RSA for 12 or more continuous months; and
workers working mainly outside the RSA and only temporarily employed in the RSA.

Compensation for Occupational Injuries and Diseases Act

Workers who are affected by occupational injuries and diseases are entitled to compensation

Reporting Occupational Fatalities

If an accident or disease causes a worker’s death, the employer must submit the following immediately:

If a widow/widower and/or children are left behind –

The widow/widower’s pension is calculated at 40% of the pension that the worker would have received for 100% permanent disablement.

Each child’s pension is calculated at 20% of the pension.

If there is no widow/widower or children, other dependants can claim compensation.

Dependency must be proved in all cases.

Based on Legislation in Section 54, of the Compensation for Occupational Injuries and Diseases Act