Compensation Fund calls all domestic employees injured or acquired occupational diseases from 1994 to submit their claims to the fund
Following the 2020 Constitutional Court order which declared section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 invalid, with immediate and retrospective effect to 27 April 1994, the Compensation Fund has undertaken corrective legislative measures to amend COIDA legislation to include domestic employees.
Jan Madiega was speaking today (10 August 2023), during the Compensation Fund Roundtable Stakeholder Engagement session held at Bolivia Lodge in Polokwane, Limpopo Province. The session held in collaboration with Office of the Premier in Limpopo seeks to among others educate Provincial Government Departments on legislation amendments to the Compensation for Occupational Injuries and Diseases Act 10 of 2022, discuss status quo of the provincial government with regard to compliance on Compensation for Occupational Injuries and Diseases (COID), and also dissect reasons for delay in processing claims and finding solutions.
“We are encouraging all our stakeholders to inform their family and friends who might have been injured or contracted occupational diseases from 27 April 1994 to come forth and claim for their benefits. We are encouraging employers to not pre-judge a claim but rather submit it to the Fund so that we can make our own discretion,” said Madiega.
Madiega said a right to claim in terms of the Act shall lapse if the accident that happened or the disease that commenced on or after 27 April 1994 is not brought to the attention of the Commissioner or of the employer or mutual association concerned, as the case may be within 36 months from the date of signature on the amendment Act 10 of 2022.
All employers of private domestic employees are obliged to register with the Compensation Fund, submit the Return of Earnings (ROE’s) and make payments. Those who had employees prior to 19 November 2020, will be required to indicate as such, however the Fund will regard their commencement date as 19/11/2020 unless claim liability is accepted for years’ prior.
Madiega cautioned against the employment of undocumented migrants in households saying that, “if the person gets injured, and it is found that you are employing an illegal foreign national you will be prosecuted for harbouring an illegal immigrant in your household. However, whether the domestic employee is a foreign national that is immaterial. As an employer you have a duty to register your domestic employees. The Fund upon receiving a claim will request for relevant documents,” he added.
As per amendments in the COID Act 10 of 2022, failure to register employees, pay and submit the ROE’s within a reasonable time-frame will result to a penalty of 10% of actual or estimated annual earnings. In addition, an employer who fails to pay penalty or instalment is liable to a penalty of 10% of actual or estimated annual earnings.
According to Compensation Fund Legal Services Irish Lephoto, the amended Act gives powers to the Commissioner to appoint inspectors to enforce compliance to the Act. These inspectors will be provided with a signed certificate confirming that they are inspectors and the certificate shall state which legislation they are monitoring or enforcing.
“The inspectors may enter a home or other workplace with the consent of the owner or occupier. The Labour Court may authorise entry upon the application by the inspector and if practicable, the employer and trade must be notified of the inspection and the reason thereof.
The changes in the amendment act will affect everyone and change the way we do business. All workers have a right to social security which is our priority. The inclusion of domestic employees in the Act is very crucial to all of us hence we are taking steps to enforce compliance,” emphasised Lephoto.
The Compensation Fund is established in terms of section 15 of the Compensation for Occupational Injuries and Diseases Act as amended.
The main objective of the Act is to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees or for death resulting from such injuries or diseases and provide for matters connected therewith.
For Media Inquiries, please contact:
Mapula Tloubatla
Provincial Communications Officer Limpopo
Cell: 060 989 7509
E-mail: mapula.tloubatla@labour.gov.za
