29 March 2021 Employment Law Alert

COIDA extended to include domestic workers

Domestic workers are now covered under the Compensation for Occupational Diseases Act 103 of 1993 (COIDA) and are therefore, able to claim compensation, in the event that they are injured or contract diseases whilst on duty, from the Compensation Fund.

Compensation payable to qualifying domestic workers

  • Temporary total disablement (TTD) is payable to a domestic worker who is temporarily injured but recovers from the injury or illness.
  • Permanent disablement lump sum is payable to a domestic worker who will not recover from the injury or illness.
  • Permanent disablement pension is payable to a domestic worker who does not fully recover from an illness or sickness (the disablement is merely an inconvenience to the domestic worker).

Compensation payable to the dependents of domestic workers who died as a result of injury on duty or occupational disease

Funeral expenses

  • Funeral expenses- payable to dependents of the deceased where the deceased passed on before 1 April 2019.Burial expenses are refunded to the dependents up to a maximum amount.
  • The amount of R18 251 is paid as a lump sum to the dependents of the deceased who passed on after 1 April 2019.

Surviving spouse and dependency awards

  • Surviving spouses will be paid a widow’s lump sum award and a pension award. The pension award is terminated upon the widow’s death.
  • A child pension is payable to children of the deceased up to the age of 18, or until financially emancipated or until they marry. The child pension may be extended to children who are attending school over the age of 18.
  • A partial dependency award is payable to the parents or siblings of the deceased as a once off lump sum payment.
  • Whilst a pension award is payable to the parents or siblings of the deceased who were dependent on the income of the deceased and is terminated on the death of the recipient or the expiry of the lifespan of the deceased.

Medical Expenses

  • The Compensation Fund will cover reasonable medical expenses following incidents at work as well as chronic mediation as a result of an injury or illness contracted whilst working.
  • The Compensation Fund will also pay for assisted devices such as wheelchairs, prosthetics, along with rehabilitation, reintegration and return to work programmes.

Employers of domestic workers are obliged to register with the Compensation Fund on www.RegistrationCF@labour.gov.za or CFCallcentre@labour.gov.za

 

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