If you get injured, contract a disease or die while working, you or your dependants can claim from the Compensation Fund.
The fund pays compensation to permanent and casual workers, trainees and apprentices who are injured or contract a disease in the course of their work and lose income as a result.
You can claim if you are:
- permanently employed
- a domestic worker in a boarding house or employed in a business set-up
- an apprentice or trainee farm worker
- a worker paid by a labour agency.
You cannot claim if you are:
- a domestic worker employed at a private home
- a member of the South African National Defence Force
- a member of the South African Police Service
- a worker who doesn't work under the control of an employer, for example a sub-contractor. Employees who are in the employ of the sub-contractor are covered.
- a worker who worked outside South Africa for more than 12 months without entering into an agreement with the Director General of the Department of Labour
- found guilty of willful misconduct, unless you are seriously disabled or killed.
Note: If you, as an employee, die from work-related disease or injury, your dependants can claim from the fund.
Compensation benefits will not be paid if:
- you reported the accident to the employer more than 12 months after the accident or death, or after the disease was diagnosed
- you are off work for three days or less, when the Fund will only pay medical expenses
- the accident resulted from your own negligence or wrong doing (unless you are seriously disabled or die in the accident, then the Fund will still pay compensation)
- you unreasonably refuse or willfully neglect to have medical treatment.