Work Injury Benefits
Disability / Work Injury Benefit
Work injury benefits are provided under the Employees’ Compensation Act 1941, amended in 1995. There is no minimum qualifying period; however, the injury must last for at least 3 days.
Work injuries may be classified on the basis of their consequences as those resulting in: (i) permanent total incapacity, (ii) permanent partial incapacity, (iii) temporary incapacity, and (iv) fatal injury leading to the death of a worker.
In case of Permanent Total Disability (more than 30% disability), up to 75% of the insured worker’s last monthly earnings before the disability began is paid in accordance with the assessed degree of disability.
In the case of permanent partial disability (for an assessed disability of 30%), a lump sum of up to 15 times the insured worker’s last monthly earnings are paid according to the assessed degree of disability.
In the case of Temporary Disability, 75% of the insured worker's average monthly wage is paid up to 12 months. The benefit may be extended for up to 6 months. After 18 months, the Social Security Commission must decide either to extend the temporary disability benefit or initiate a permanent disability pension.
In case of death, survivor benefits are paid to the spouse and orphans. The spouse pension is 40% of the permanent disability the deceased person received or was entitled to receive. The orphan’s pension is 20% of the permanent disability pension the deceased person received or was entitled to receive. The orphan’s pension is available until the child reaches the age of 18 years. However, the orphan pension ceases even before 18 years if the child marries before turning 18. The maximum survivor benefit is 100% of the permanent disability pension the deceased person received or was entitled to receive.
A funeral grant is also paid as a lump sum amount. There is also provision for a lump sum death benefit, which is generally twice the deceased worker’s earnings at the time of death.
Employment injury benefits are regulated by the Social Security Commission. Employers are required to contribute a specific percentage of gross payroll, in line with the industry classification.
Under s.3(2)(b) of the Employees’ Compensation Act, the persons earning more than N$101,625 per year are excluded from being “employees” for purposes of Employees’ Compensation Fund (ECF) coverage, with effect from 1 March 2025. Practically, this raises the annual earnings ceiling for compulsory ECF coverage from N$81,300 to N$101,625.
Source: Employees’ Compensation Act 1941, amended in 1995
