Work Injury Benefits
Disability / Work Injury Benefit
Work injuries are divided into four categories: (i) permanent total incapacity (ii) permanent partial incapacity (iii) temporary incapacity and (iv) fatal injury leading to death of a worker.
In the case of permanent incapacity/disability, benefit is 75% of an insured worker's earnings and is paid until death.
In case of permanent partial disability when the assessed degree of disability is between 31-99%, a percentage of total disability pension is paid according to the assessed degree of disability. If the assessed degree of disability is less than 30%, worker is entitled to a lump sum of 15 times average monthly earnings.
In the case of temporary disability, 75% of a worker's monthly average salary is paid for 12 months. This can be extended to a maximum of 24 months or more in special cases. Temporary disability benefit is paid after 3-day waiting period.
In case of temporary partial disability, percentage of salary as determined by the Compensation Commissioner's Office is paid for up to 12 months. This can be extended to a maximum of 24 months in special cases. Temporary partial disability benefit is paid periodically or as a lump sum.
In the case of fatal injury, dependents (widow/widower, children) receive survivors' pension. 40% of the permanent total disability pension a deceased worker would have received, if assessed with permanent total disability, is paid to the widow/widower with permanent disability. This pension does not cease on remarriage. 20% of the permanent total disability pension a deceased worker was entitled to receive is paid for each unmarried orphan younger than 18 years. No age limit for disabled children. Law also provides a lump sum for funeral grant.
Source: §47-55 & Schedule 4 of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993; ISSA Country Profile for South-Africa
Non-Standard Workers' Rights on Work Injury Benefits - Platform workers
In accordance with the BCEA, every worker is entitled to 1 day of fully paid sick leave for every 26 days worked. The Compensation Fund provides compensation for employees who get hurt at work, or sick from diseases contracted at work, or for death as a result of these injuries or diseases.
The Compensation Fund is covered by the Compensation for Occupational Injuries and Diseases Act (No 130 of 1993) (COIDA) and the Compensation for Occupational Injuries and Diseases Amendment Act (No 61 of 1997).
The law does not cover self-employed persons, specifically independent contractors. In some cases, there are agreements between the platform and the platform worker. Uber appears to be the only platform that offers an injury protection scheme.
Monetary payments, applicable only if the driver app is switched on and open for business. Otherwise, personal insurance will apply. Insurance benefits include up to R 50,000 reimbursement for emergency cost + up to R 100,000 reimbursement for ambulance cost. Immediate lump sum payment of R 1,500. R 200,000 lump sum + for death or permanent disability. Daily payment benefit for driver partners: R 300/day and delivery partners: R 100/day, up to 30 days.
Reforms Related to COVID-19
Covid 19 was incorporated in the list of occupational diseases, and temporary medical benefits and death benefits were also offered to the workers and their families who contracted the disease occupationally as per Compensation for Occupational Injuries and Diseases Act, 130 of 1993.
Source: Disaster Management Act: Directive: Coronavirus Covid19 Temporary Employee / Employer Relief Scheme; Compensation for Occupational Injuries and Diseases Act, 130 of 1993
