Module 3: Toxicology - Section 7: Legal Aspects
TOX 7.3: COIDA Lecture

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 130 of 1993

Contents:

  1. History
  2. Administration
  3. Coverage
  4. Benefits
  5. Claims procedure: injuries
  6. Claims procedure: diseases
  7. Occupational diseases - general
  8. Third Schedule - some examples
  9. Recourse
  10. Problems with the system
History:

Six laws, many amendments since 1914.

Historical shifts over time:

Administration:
Coverage:

Yes:

No:

Benefits:
Claims procedure: injuries

Worker, supervisor informs employer of injury

Employer completes Employer's Report of an Accident

Employee gets (private) medical care

Doctor completes First Medical Report of an Accident

Employer sends forms to Compensation Commissioner

Doctor completes Progress Reports and/or Final Report, sends to Commissioner (or employer)

Employer completes Resumption Report

Commissioner (or insurer) pays medical expenses and disablement if any

Claims procedure: occupational diseases

Doctor makes diagnosis, informs employee

Doctor completes First Medical Report of an O.D., informs employer

Employer completes Employer's Report of an O.D., sends with First Medical to Compensation Commissioner

Employee gets (?private) medical care

Doctor completes Progress Reports and/or Final Report of an O.D., sends to Commissioner

Commissioner decides on acceptance and disablement, pays medical expenses and disablement if any

Occupational diseases - general:
  1. Third Schedule

  2. Unscheduled:

  3. Differences from injury which make compensation difficult:
Third schedule: some examples

Refer: Third Schedule of COIDA

Recourse
  1. Objections (sec. 91)

  2. Re-opening claim

  3. Extra compensation (sec. 56)

Problems with the system
  1. Commissioner' s office

  2. Injuries

  3. Diseases



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Postgraduate Diploma in Occupational Health (DOH) - Modules 3: Occupational Medicine & Toxicology (Basic) by Profs Mohamed Jeebhay and Rodney Ehrlich, Health Sciences UCT is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 South Africa License. Major contributors: Mohamed Jeebhay, Rodney Ehrlich, Jonny Myers, Leslie London, Sophie Kisting, Rajen Naidoo, Saloshni Naidoo. Source available from here. For any updates to the material, or more permissions beyond the scope of this license, please email healthoer@uct.ac.za or visit www.healthedu.uct.ac.za. Last updated Jan 2007.
Disclaimer note: Some resources and descriptions may be out-dated. For suggested updates and feedback, please contact healthoer@uct.ac.za.