This is the version of this Act as it was from 6 October 1993 to 28 February 1998. Read the latest available version.
Taxonomies
Related documents
South Africa
Compensation for Occupational Injuries and Diseases Act, 1993
Act 130 of 1993
- Published in Government Gazette 15158 on 6 October 1993
- Assented to on 24 September 1993
- Commenced on 1 March 1994 by Compensation for Occupational Injuries and Diseases Act, 1993: Commencement
- [This is the version of this document as it was from 6 October 1993 to 28 February 1998.]
Chapter I
Interpretation of Act
1. Definitions
In this Act, unless the context indicates otherwise—"accident" means an accident arising out of and in the course of an employee’s employment and resulting in a personal injury; (xxiv)"actuary" means any Fellow of an institute, faculty, society or chapter of actuaries approved by the Minister; (v)"airman" means an employee employed in any capacity in an aircraft; (xlii)"annual earnings" means—(a)the amount referred to in section 82(1)(a) if accepted by the commissioner as correct;(b)the amount determined by the commissioner if in his opinion the amount referred to in paragraph (a) is less than the amount actually paid; or(c)the estimated amount referred to in section 82(5); (xvii)"assessment" means an assessment made in terms of section 83; (ii)"assessor" means a person appointed under section 8 as an assessor; (vii)"Board" means the Compensation Board established by section 10; (xxviii)"business" means any industry, undertaking, trade or occupation or any activity in which any employee is employed; (x)"chiropractor" means a person registered as a chiropractor in terms of the Associated Health Service Professions Act, 1982 (Act No. 63 of 1982); (xii)"commissioner" means the Compensation Commissioner appointed under section 2; (xviii)"compensation" means compensation in terms of this Act; (xl)"compensation fund" means the fund established by section 15; (xli)"continental shelf" means the continental shelf referred to in section 7 of the Territorial Waters Act, 1963 (Act No. 87 of 1963); (xxxviii)"contractor" means a person referred to as a contractor in section 89; (i)"dependant of an employee" means—(a)a widow or widower who at the time of the accident was married to the employee;(b)a widow or widower who was a party to a marriage according to indigenous law and custom, if neither the husband nor the wife was a party to a subsisting marriage;(c)if there is no widow or widower referred to in paragraph (a) or (b), a woman or man with whom the employee was in the opinion of the commissioner at the time of the accident living as wife or husband;(d)a child under the age of 18 years of the employee or of his or her spouse, and includes a posthumous child, a step-child, an adopted child and an illegitimate child;(e)a child over the age of 18 years of the employee or of his or her spouse, and a parent, a brother, a sister, a half-brother or half-sister, a grandparent or a grandchild of the employee;(f)a parent of the employee or any person who in the opinion of the commissioner was acting in the place of the parent,and who was in the opinion of the commissioner at the time of the accident wholly or partly financially dependent upon the employee; (iv)"disablement" means disablement for employment, or permanent injury or serious disfigurement; (vi)"earnings" means the remuneration of an employee at the time of the accident as calculated under section 63; (xxxix)"employee" means a person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer, whether the contract is express or implied, oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind, and includes—(a)a casual employee employed for the purpose of the employer’s business;(b)a director or member of a body corporate who has entered into a contract of service or of apprenticeship or learnership with the body corporate, in so far as he acts within the scope of his employment in terms of such contract;(c)a person provided by a labour broker against payment to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker;(d)in the case of a deceased employee, his dependants, and in the case of an employee who is a person under disability, a curator acting on behalf of that employee;but does not include—(i)a person, including a person in the employ of the State, performing military service or undergoing training referred to in the Defence Act, 1957 (Act No. 44 of 1957), and who is not a member of the Permanent Force of the South African Defence Force;(ii)a member of the Permanent Force of the South African Defence Force while on "service in defence of the Republic" as defined in section 1 of the Defence Act, 1957;(iii)a member of the South African police Force while employed in terms of section 7 of the Police Act, 1958 (Act No. 7 of 1958), on "service in defence of the Republic" as defined in section 1 of the Defence Act, 1957;(iv)a person who contracts for the carrying out of work and himself engages other persons to perform such work;(v)a domestic employee employed as such in a private household; (xlvii)"employer" means any person, including the State, who employs an employee, and includes—(a)any person controlling the business of an employer;(b)if the services of an employee are lent or let or temporarily made available to some other person by his employer, such employer for such period as the employee works for that other person;(c)a labour broker who against payment provides a person to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker; (xliv)"employer individually liable" means an employer who in terms of section 84(1)(a) is exempt from paying assessments to the compensation fund; (xlv)"employers’ organization" means an employers’ organization as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956); (xlvi)"financial year" means the period between the first day of March in any year and the last day of February in the following year, both dates included; (xi)"mandator" means a person referred to as a mandator in section 89; (xix)"medical aid" means medical, surgical or hospital treatment, skilled nursing services, any remedial treatment approved by the commissioner, the supply and repair of any prosthesis or any device necessitated by disablement, and ambulance services where, in the opinion of the commissioner, they were essential; (xv)"medical practitioner" means a person registered as a medical practitioner in terms of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974); (xiv)"Minister" means the Minister of Manpower; (xx)"mutual association" means a mutual association licensed under section 30; (xxiii)"natural resources" means the natural resources referred to in section 7 of the Territorial Waters Act, 1963 (Act No. 87 of 1963); (xxi)"occupational disease" means any disease mentioned in the first column of Schedule 3 arising out of and contracted in the course of an employee’s employment; (ix)"occupational injury" means a personal injury sustained as a result of an accident; (viii)"pension" means a pension referred to in section 49 or 54; (xxvi)"periodical payment" means a periodical payment of compensation in respect of temporary disablement; (xxvii)"person under disability" means a minor, a lunatic or any person who by law is subject to curatorship or tutorship; (xxii)"prescribed" means prescribed in terms of this Act or by regulation; (xliii)"regulation" means a regulation made in terms of this Act; (xxix)"reserve fund" means the fund established by section 19; (xxx)"seaman" means an employee employed in any capacity on board a ship by the owner or person in command of the ship; (xxxi)"serious and wilful misconduct" means—(a)being under the influence of intoxicating liquor or a drug having a narcotic effect;(b)a contravention of any law for the protection or the health of employees or for the prevention of accidents, if such contravention was committed wilfully or with a reckless disregard of the provisions of such law; or(c)any other act or omission which the commissioner having regard to all the circumstances considers to be serious and wilful misconduct; (xiii)"South African aircraft" means an aircraft registered or licensed in the Republic in terms of a law governing the registration or licensing of aircraft, and the owner of which is resident in the Republic or has a place of business in the Republic; (xxxiii)"South African ship" means a vessel used in navigation which—(a)is registered in the Republic in terms of any law governing the registration of ships and is not registered in any other state in terms of a similar law; or(b)is owned or chartered by a person whose head office or place of business is in the Republic or by a person who resides in the Republic; (xxxiv)"State Revenue Fund" means the fund established by section 81 of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983); (xxxii)"tariff of assessment" means the tariff of assessment referred to in section 83(1); (iii)"temporary partial disablement", in relation to an employee, means the temporary partial inability of such employee as a result of an accident or occupational disease for which compensation is payable to perform the whole of the work at which he was employed at the time of such accident or occupational disease or to resume work at a rate of earnings not less than that which he was receiving at the time of such accident or occupational disease; (xxxvi)"temporary total disablement", in relation to an employee, means the temporary total inability of such employee as a result of an accident or occupational disease for which compensation is payable to perform the work at which he was employed at the time of such accident or occupational disease or work similar thereto; (xxxv) (xlv) "this Act" includes the Schedules thereto and any regulation; (xvi) (xlvi) "trade union" means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956), and includes an employees’ organization recognized by law and functioning; (xxxvii)"Workmen’s Compensation Act" means the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941). (xxv)Chapter II
Administration of Act
2. Compensation Commissioner and staff
3. Delegation of powers and assignment of duties by commissioner
4. Functions of commissioner
5. Power of commissioner to acquire and alienate immovable property and to raise money
6. Powers of commissioner regarding witnesses and subpoenas
7. Powers of authorized person
8. Assessors
9. Benefits payable to assessors
10. Compensation Board
There is hereby established a board to be known as the Compensation Board.11. Constitution of Board
12. Functions of Board
13. Term of office and remuneration of members of Board
14. Meetings of Board
Chapter III
Compensation fund and reserve fund
15. Compensation fund
16. Application of compensation fund
17. Valuation of compensation fund
18. Accounting
19. Reserve fund
20. Accounts and audit
21. Income of funds exempt from tax
The income of the compensation fund and the reserve fund, including income from any investments, shall be exempt from income tax.Chapter IV
Compensation for occupational injuries
22. Right of employee to compensation
23. Accidents outside Republic
24. Application of Act to seamen and airmen
This Act shall apply to a seaman or airman—25. Accidents during training for or performance of emergency services
If an employee meets with an accident—26. Special circumstances in which commissioner may refuse award
If a right to compensation in terms of this Act arises owing to the death or disablement of an employee as a result of an accident, the commissioner may refuse to award the whole or a portion of such compensation and the commissioner, or, if authorized thereto by the commissioner, the employer individually liable or mutual association concerned, as the case may be, may also refuse to pay the whole or any portion of the cost of medical aid—27. Special circumstances in which commissioner may make award
If in a claim for compensation in terms of this Act it appears to the commissioner that the contract of service or apprenticeship or learnership of the employee concerned is invalid, he may deal with such claim as if the contract was valid at the time of the accident.28. Employee requiring constant help
If the injury in respect of which compensation is payable causes disablement of such a nature that the employee is unable to perform the essential actions of life without the constant help of another person, the commissioner may in addition to any other benefits in terms of this Act grant an allowance towards the cost of such help.29. Liability for payment of compensation
If an employee is entitled to compensation in terms of this Act, the commissioner or the employer individually liable or the mutual association concerned, as the case may be, shall be liable for the payment of such compensation.30. Mutual associations
31. Security for payment of compensation and cost of medical aid by employers individually liable
32. Compensation may not be alienated or reduced
33. Cession or relinquishment of benefits void
Any provision of an agreement existing at the commencement of this Act or concluded thereafter in terms of which an employee cedes or purports to cede or relinquishes or purports to relinquish any right to benefits in terms of this Act, shall be void.34. Compensation not to form part of deceased employee’s estate
Compensation in terms of this Act owing to the death of an employee shall not form part of his estate.35. Substitution of compensation for other legal remedies
36. Recovery of damages and compensation paid from third parties
37. Threats and compulsion
Any person who threatens an employee or in any manner compels or influences an employee to do something resulting in or directed at the deprivation of that employee’s right to benefits in terms of this Act, shall be guilty of an offence.Chapter V
Claims for compensation
38. Notice of accident by employee to employer
39. Notice of accident by employer to commissioner
40. Inquiry by commissioner into accident
41. Particulars in support of claim
42. Employee to submit to medical examination
43. Claim for compensation
44. Prescription
A right to benefits in terms of this Act shall lapse if the accident in question is not brought to the attention of the commissioner or of the employer or mutual association concerned, as the case may be, within 12 months after the date of such accident.45. Consideration of claim
46. Appearance of parties
Chapter VI
Determination and calculation of compensation
47. Compensation for temporary total or partial disablement
48. Expiry of compensation for temporary total or partial disablement
49. Compensation for permanent disablement
50. Amendment of Schedule 2
The Minister may on the recommendation of the commissioner amend Schedule 2 by notice in the Gazette in respect of injuries or categories of injuries as well as the percentage of disablement: Provided that at least 60 days before any such amendment a notice shall be published in the Gazette—51. Compensation for permanent disablement of employee in training or under 26 years of age
52. Payment of lump sum in lieu of pension
53. Compensation to employee previously in receipt of compensation
54. Amount of compensation if employee dies
55. Amendment of Schedule 4
The Minister may on the recommendation of the commissioner amend Schedule 4 by notice in the Gazette in respect of the nature, extent and maximum amount of benefits: Provided that at least 60 days before any such amendment a notice shall be published in the Gazette—56. Increased compensation due to negligence of employer
57. Increase of monthly pensions
58. Advances on compensation
In anticipation of the award of compensation the commissioner may, if in his opinion the interests or pressing need of the employee warrants it, advance to or on behalf of the employee such amount as he may deem equitable or direct the employer individually liable or mutual association concerned to advance it, subject to such conditions as the commissioner may determine.59. Control over payment of compensation
60. Pensioner resident outside Republic
61. Recovery of compensation or other benefits
62. Provisional settlements
63. Manner of calculating earnings
64. Certain compensation to employers prohibited
Chapter VII
Occupational diseases
65. Compensation for occupational diseases
66. Presumption regarding cause of occupational disease
If an employee who has contracted an occupational disease was employed in any work mentioned in Schedule 3 in respect of that disease, it shall be presumed, unless the contrary is proved, that such disease arose out of and in the course of his employment.67. Calculation of compensation
68. Notice of occupational disease by employee and employer
69. Amendment of Schedule 3
The Minister, after consultation with the Minister for National Health and Welfare may on the recommendation of the commissioner amend Schedule 3 by notice in the Gazette, also with retrospective effect, in respect of the description of the diseases and work: Provided that at least 60 days before any such amendment a notice shall be published in the Gazette—70. Appointment of medical advisory panels
Chapter VIII
Medical aid
71. First aid
72. Conveyance of injured employee
73. Medical expenses
74. Submission of medical report
75. Commissioner to decide on need for, and nature and sufficiency of, medical aid
All questions regarding the need for, and the nature and sufficiency of, any medical aid supplied or to be supplied in terms of this Chapter shall be decided by the commissioner.76. Fees for medical aid
77. Contributions by employees towards cost of medical aid prohibited
78. Medical aid provided by employers
79. Consultation of representative medical authorities by commissioner
The commissioner may consult the South African Medical and Dental Council referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), the Medical Association of South Africa, the Chiropractic Association of South Africa and any other representative medical authority concerning matters connected with or arising out of the application of the provisions of this Act with regard to medical aid, and may for that purpose disclose any information relating to a matter in respect of which the views of the Council, the Associations or other authority are required.Chapter IX
Obligations of employers
80. Employer to register with commissioner and to furnish him with particulars
81. Employer to keep record
82. Employer to furnish returns of earnings
83. Assessment of employer
84. Certain employers exempt from assessment
85. Variation of tariff of assessment
86. Assessment to be paid by employer to commissioner
An assessment shall be paid by an employer to the commissioner within 30 days after the date of the notice of assessment or, with the approval of the commissioner, in such instalments and at such times and on such conditions as the commissioner may determine.87. Failure to pay assessment or other moneys
88. Contributions by employers individually liable and mutual associations
89. Mandators and contractors
Chapter X
Legal procedures
90. Review of decisions by commissioner
91. Objections and appeal against decisions of commissioner
92. Commissioner may state case for Supreme Court
93. Evidence
Chapter XI
General
94. Arrangements with foreign states regarding compensation
The Minister may by notice in the Gazette issue directions to give effect to the provisions of any agreement between the Republic and any other state in which provision is made for reciprocity in matters regarding compensation to employees for accidents resulting in disablement or death, including directions—95. Certain documents exempt from stamp duty
Notwithstanding any provision to the contrary contained in any other law, any sworn statement, certificate, receipt or other document required or issued under this Act, shall be exempt from stamp duty.96. Disclosure of information
97. Regulations
98. False statements
Any person who in connection with a claim for compensation in terms of this Act, or in any return, notice, report or statement to be given, made or furnished in terms of this Act, makes or causes to be made any statement which is false in a material respect, knowing it to be false, shall be guilty of an offence.99. Penalties
Any person who is convicted of an offence in terms of this Act shall be liable to a fine, or to imprisonment for a period not exceeding one year.100. Repeal of laws
101. Short title and commencement
History of this document
01 March 1998
01 March 1994
06 October 1993 this version
24 September 1993
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Compensation for COVID-19 Vaccination Side-Effects in Terms of Section 6A(b) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 | General Notice 629 of 2021 |
Compensation for Occupational Injuries and Diseases Act, 1993: Commencement | Proclamation 115 of 1993 |
Compensation for Occupationally-acquired COVID-19 | General Notice 193 of 2020 |
Cited documents 9
Legislation 9
1. | Labour Relations Act, 1995 | 1970 citations |
2. | Occupational Health and Safety Act, 1993 | 944 citations |
3. | Banks Act, 1990 | 856 citations |
4. | Constitution of the Republic of South Africa, 1996 | 585 citations |
5. | Minerals Act, 1991 | 273 citations |
6. | Mine Health and Safety Act, 1996 | 231 citations |
7. | Republic of South Africa Constitution Act, 1983 | 165 citations |
8. | Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 | 147 citations |
9. | Compensation for Occupational Injuries and Diseases Amendment Act, 1997 | 22 citations |