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The Compensation Fund provides compensation to employees who are injured or contract diseases through the course of their employment. This includes an assessment of the industry structure, the claims process, coverage and how employer contributions are determined.

Who is a pensioner for purposes of the Compensation Fund?

  1. An employee
  2. A spouse who has lost a partner
  3. Surviving children of the deceased on duty below 18 years and if still furthering studies should provide sufficient proof
  4. A wholly dependent family member such as a sister, brother, mother or father (only stop receiving the fund once they marry).

What happens if an employee contracts a disease on duty?

The employer has a duty to report the injury or the contraction within a period of 7 days from the date of knowledge of contraction.

The process then begins where the Compensation Fund registers the claim. The Compensation Fund team will gather and discuss the level of the injury and assess it. On a scale of 30% an employee qualifies for a lump sum as compensation paid out to the employee by the Compensation Fund. However, if the degrees of the injury are 31% and above the employee is deemed to be a pensioner and is entitled to receive pension till death.

Is there a deadline date put in place for submission of the application for compensation?

No, there is no deadline the Compensation Fund. The Compensation Fund deals it on a case by case basis until all particulars required for the registration process of the claim is completed. It must also be noted that the turnaround time also varies from case to case.

What happens in a case where the employer is negligent and not paying attention to the employees’ injury?

It often happens that employers are hesitant or neglect an employee who has sustained an injury on duty or contract a disease while in the scope of his/ her employment. The Compensation Fund permits an employee to approach them directly and lodge the claim in case where the employer refuses or neglects reporting and lodging a claim with the Compensation Fund. The Compensation Fund will then approach the employer about reporting and registration of the claim. Claims registered by employees personally are accepted.

In summary this means that if you are injured on duty or a family member dies while in the scope of employment you entitled to lodge a claim for compensation or loss of support and should the employer not stand up to reporting and registration of the injury on duty an employee is permitted to report personally and the Compensation Fund will then deal with the employer.

Written by Portia Dlamini