COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT NO 130 OF 1993 Repeals the Workmen’s Compensation Act, No 30, of 1941 Promulgation date 1 March 1994 ACT “To provide for the compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases and to provide for matters connected therewith” PURPOSE OF THE NEW ACT Previously the Workmen’s Compensation Act covered employees who earned less than a certain amount per annum. Now all employees are covered by the Act except domestic workers and members of the military and police force. The Act also covers occupational disease or diseases which arise out of and in the course of the employment whereas previously the focus was on accidents resulting in injury or death arising out of employment. The Compensation Act is in effect a mutual insurance scheme whereby employers are required to pay premiums – called assessments – into the Compensation Fund to cover their employees in case of occupational injury, disease or death in the course of employment. BASIC PRINCIPLES OF THE NEW ACT Provide for compensation Occupational injuries, diseases or death Only in the course of employment (anywhere, anytime) All employees covered COMPENSATION FOR LOSSES Loss of earnings Conveyance Medical Rehabilitation Permanent disability Death Burial NO COMPENSATION Serious and wilful misconduct Under the influence of alcohol and drugs Contravention of the law With the exception of permanent disability or death CONSEQUENCES OF NON-COMPLIANCE Personal responsibility Civil liability risk potential Fines not exceeding R 100 000 or imprisonment for a period not exceeding 2 years, or both Copyright © vests in SCOTT-SAFE Est. 1992 All rights reserved Amended: 06 January 2014