Firstly, let us define what an employee is, “a person who has entered into or works under a contract of service or of apprenticeship or learner ship, with an employer, whether the contract is express or implied, this includes casual employees employed for the purpose of the employer’s business.
Anyone who employs one or more workers must register with the Compensation Fund and pay annual assessment fees. Workman’s compensation is compensation and medical aid for workers who get injured or contract a disease while they are working.
Workman’s compensation is a compulsory statutory form of insurance that covers all workers—whether full-time, part-time, or casual. If an employee suffers a work-related injury or illness, resulting from and/or arising out of the ordinary course of employment, all employees are generally entitled to compensation.
The main objective of the Compensation for Occupational Injuries and Disease Act (COIDA) is to facilitate a process which provides for payment of medical treatment and compensation for disablement caused by occupational injuries and diseases sustained by employees, or for death resulting from such injuries or diseases. Medical treatment refers to any reasonable costs incurred by or on behalf of an employee in respect of medical aid necessitated by an accident or disease occurring during the course of employment
The workplace contains many inconspicuous safety hazards, which have the potential to cause accidental injuries to employees. It is the employer’s duty to make sure the work environment is safe and that safety hazards are eliminated or prevented. However, accidents cannot always be avoided and employees sometimes get injured on the job, which can cost the business time and money.
The right to be entitled to compensation for injuries sustained in the course of employment has always been an essential component of basic social security rights. Provision is made for a rights-based approach in the Constitution of the Republic of South Africa, 1996 and Compensation for Injuries and Diseases Act No.130 of 1993.
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