Compensation Systems For Occupational Diseases

707

There are two compensation systems in South Africa which are governed by two different statutes: the Compensation for Occupational Injuries and Diseases Act (COIDA) of 1993 and the Occupational Diseases in Mines and Works Act (ODMWA). These acts differ in their administration and benefits provided.

1. Occupational Diseases in Mines and Works Act (ODMWA)
The Occupational Diseases in Mines and Works Act is over 100 years old and was last amended in 1994. The Act provides compensation for occupational lung diseases in miners and ex-miners only. It is administered by the Medical Bureau for Occupational Disease (MBOD) which falls under the Department of Health Chief Directorate: Non Communicable Diseases. The MBOD is responsible for benefit medical examination of miners and ex-miners. ODMWA provides for post mortem benefits (through the National Institute for Occupational Health’s Pathology Section) for miners if an occupational disease is found, even if it was not the cause of death. ODMWA pays lump sum benefits based on the level of impairment and does not make any further pension provision. The low-fence for lung function loss is 35% for compensation to be paid out. All medical expenses including follow-up related to the treatment of the lung disease is paid by the mine owner(s).

MBOD contact numbers: 011 403 6322

2. Compensation for Occupational Injuries and Diseases Act (COIDA) Compensation for Occupational Injuries and Diseases Act was promulgated in 1993 and administered by the Department of Labour. The Act is consistent with ILO Convention 1964 (No.121), on Employment Injury Benefits. It covers occupational injuries and diseases in all industries including those from the mining sector that are not covered by ODMWA; for example noise-induced hearing loss. COIDA pays lump sums for permanent disability (PD) below 30% and pensions if the PD is determined to be greater than 30%. The level of impairment required for compensation is 20%. This Act is generally considered to be more generous in terms of compensation payouts. The Act, however, does not make provision for post-mortem diagnosis but would still consider a case for compensation if an occupational disease is found at post mortem or if it is the cause of death.

Compensation Fund Head Office

Operating Hours: 07:30 to 17:00, Monday to Friday.
CF Call Centre: 0860 10 53 50
Street Address:
Compensation House
Cnr Hamilton Street & Soutpansberg Road
Pretoria
Postal Address: PO Box 955
Pretoria
0111