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BUSINESS AND TRAINING
Injuries at work
— everything you
need to know
You’ve been injured on the job. Now what? Do you hire an attorney?
Do you notify somebody? Is your injury compensable, and if so,
what benefits are you entitled to? If you don’t know these answers,
the following eight questions will help you understand your rights.
By Warren Robertson
1. WHAT IS WORKERS’ COMPENSATION?
The Compensation Fund is a scheme designed to help those who
have been involved in an accident at work or who develop an illness
caused by their working conditions. Each month, employers pay into
the Compensation Fund. This amount may not be deducted from an
employee’s salary.
2. WHICH WORKERS’ COMPENSATION LAWS APPLY?
Employees may claim from the fund if they were injured or contracted
a disease while working (permanent or casual), training, or completing
an apprenticeship. A claim may also be made if a family member died
on the job or in the case of a worker paid by a labour agency.
The fund, however, excludes employees who are partially disabled
for less than three days; domestic workers; anyone receiving
military training; members of the South African Police Service or
South African National Defence Force; any worker who is guilty of
wilful misconduct, unless seriously disabled or killed; anyone who
is employed outside of South Africa for 12 or more continuous
months; and workers working mainly outside South Africa and who
are only temporarily employed in South Africa.
3. IS MY EMPLOYER EXEMPT FROM WORKERS’
COMPENSATION COVERAGE?
No. All employers who employ one or more workers need to
register with the Compensation Fund and this will need to be done
separately for all the different branches within your business, unless
you have made arrangements for combined registration.
Employers will need to complete the W.As.2 compensation fund
form. You can get this form at any Department of Labour centre or
November 2018 Volume 24 I Number 9
it is available on their website. This form needs to be submitted via
post, fax, or email. Be sure to include the following:
• If you are a company or close corporation: a copy of the
registration certificate from the registrar of companies.
• If you are a sole proprietor of the business: a copy of your ID.
Once you are registered, you are required to then pay an annual
assessment fee based on your workers’ earnings and the risks
associated with the type of work being done. Certain employers do not
have to pay assessment fees.
Every year in April, the Compensation Fund sends a notice of
assessment, which stipulates how much you should pay for the
assessment. This assessment is compiled by the Compensation
Fund once a return of earnings has been completed and
submitted by you. Fees may increase or decrease according to an
employer’s accident costs. Employers with low costs may qualify
for assessment fee rebates.
4. DID I SUFFER A COMPENSABLE INJURY?
You cannot claim for pain and suffering; only for loss of movement,
function, or use of your body.
5. IS MY INJURY COVERED?
There are four kinds of compensation: Temporary disability
(when you are unable to work or cannot do all your work
because of an injury or disease, but you will recover); permanent
disability (an injury or illness that you will never recover from,
for example losing a limb); death benefits (if the family
breadwinner was killed by an occupational injury or disease);
or medical benefits (all the medical expenses of a worker will
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