Module 4: Lecture: Workers Compensation Legislation (Continued).

d) Compensation Fund:

• Compensation payment for Occupational Lung Disease under ODMWA is funded by levies on employers. Levies were previously based on measurements of dust levels in mines and determined by a risk rating by the Risk Committee. This has, however, been superseded by the Mine Health and Safety Act which determines that employers pay a flat rate levy based on the commodity mined.
• The CCOD administers the fund.
• Money in the fund is used for paying benefits.

e) Benefits:

1. Benefit Medical Examinations can be done at the MBOD or any designated Provincial Public Hospital. General Practitioners in areas with inaccessible services also do Medical Benefit Examinations but this is considered to be a temporary arrangement. Following the latest amendment in 2002, former miners are entitled to a free examination every 24 months.

2. Procedure for medical practitioner to follow in the case of submitting a claim for an occupational disease (see Table 3).

   Table 3: Procedure for submitting a claim for an occupational disease under the Occupational Diseases in Mines and Works Act (ODMWA)

   1 The following forms must be submitted to the MBOD when submitting a claim (See handout "a" for the different forms): Medical Form: GW 24/56 (single). Tuberculosis (TB)*. Worker identification and fingerprints: GW 24/17 (duplicate). Labour history: Annexure to GW 24/64 or GW 24/16 (single).

   2. When the MBOD certifies that an occupational lung disease was diagnosed, the Compensation Commissioner will send the following form for completion: GW 24/77: Application for a benefit.

   3. For a worker with TB who has suffered loss of earnings, the Compensation Commissioner will send the following form for completion as soon as the employer notifies the Compensation Commissioner that the worker has resumed employment: * GW 24/78: Application for partial repayment of loss of earnings.

3. The process of submitting a compensation claim confers the following benefits to workers should the claim be accepted: (see Table 4).

• Medical expenses for treatment of TB or for other diseases according to the discretion of the Director of MBOD (employers are otherwise responsible for up to a period of two years).
• Temporary disablement benefits in which case 75% of wages are paid for the period during which the worker is absent from work (maximum of six months) as a result of TB.
• Permanent disablement benefits for two degrees of disability. The compensation payment is based on the percentage permanent disability and the wages of the worker. It takes the form of a lump sum payment only. There are two degrees of disability based on impairment of cardio-respiratory organs:
  • First degree: more than 10% but less than 40% impaired function.
  • Second degree: more than 40% impaired function.
• Additional compensation if the worker’s condition/disability worsens from first degree to second degree while the worker is still alive.
• Unpaid death benefit which is a lump sum payment to widow/er and dependents if the worker dies and is found to have a compensable disease on autopsy which was not previously compensated. Note: autopsy is a legal requirement upon the death any miner known to have performed risk work.

f) How is compensation calculated:

Compensation for a worker certified first or second degree, is based on the salary in accordance with a formula predetermined by ODMWA. The minimum and maximum payments have been increased to R8,050 and R80,510 respectively from November 1, 1998. For a worker suffering from TB, compensation is in the form of 75% reimbursement for loss of earnings incurred while on treatment.

REFERENCES:

6. Kew G, Ehrlich R I, Fitness to Work, Disability and Compensation. In Guild R, Ehrlich RI, Johnston JR, Ross MH, eds. Handbook of Occupational Health Practice in the South African Mining Industry, 1st edition, Johannesburg, South Africa, Safety In Mines Research Advisory Committee (SIMRAC), 2001; 257-293.