Compensation can be claimed by the widow or dependants if an employee dies as a result of a work-related accident
or disease.
Claimants for death benefits must submit certified copies of the following documents:
• marriage certificate or proof that the couple lived as husband and wife
• birth certificates or baptismal certificates of children (for proof of children)
• the death certificate
• declaration by the widow/er (form WCL32)
• the employer's report of the accident or disease
• funeral accounts (form WCL46)
• a special Compensation form must be filled in, that details your income and property
Who can claim Compensation when an employee dies in the course and scope of duty?
• The widow/er:
o Lump sum payment: 2 x monthly pension of employee (the pension is the amount the employee
would have been paid if he/she had been 100% disabled)
o monthly pension for life: 40% x monthly pension of employee, paid every month
• Each child under the age of 18 years (including illegitimate, adopted and step children) is entitled to:
o 20% x monthly pension of employee, paid every monthly until the child is 18 years old
o the pension can continue for longer if the child is mentally or physically handicapped
• Other dependants, if there is no widow/er or children (parents, sisters, brothers, half-sisters, etc.):
o full dependants: get the same as the widow
o partial dependants: get a lump sum that is worked out according to the degree of dependence
• The person who pays for the funeral expenses: gets paid expenses up to R11.155.
The total monthly pension per family cannot be more than the pension the deceased worker would have received
if he/she was 100% disabled (i.e. 75% of the monthly wage).
Medical expenses
All the medical expenses of a worker will be paid for a maximum of two years from the date of the accident.
Additional compensation
If a employee is injured, dies or contracts an occupational disease because of the negligence of the employer, or a
defect in machinery or equipment, the employee can get extra compensation for temporary or permanent disability.
Any employee who is under 26 years old at the time of an injury or disease will get extra compensation.
An application for additional (increased) compensation must be made on a form W930 within 24 months of the
injury, The Commissioner can extend the period if good reasons exist.
Steps to claim disability
1. The employee must inform the employer, supervisor or foreman of the accident, injury or disease verbally
or in writing.
2. The employer must report the accident or disease to the Compensation Commission within 7 days for an
injury and within 14 days after gaining knowledge of an alleged occupational disease. The employer must
report it, even if they do not believe the injury or disease is work-related. If the employee is unemployed by
the time a disease is diagnosed, the employee can send forms directly to the Commissioner.
3. Part of the form must be given to a doctor to complete, to check that the injury or disease falls under the
Compensation Fund.
4. The doctor must send a First Medical Report (W.CL.4) detailing the disease or seriousness of the injury,
and the likely period the employee will be off work. This must be done within 14 days of seeing the employee.
The employer must send the First Medical Report to the Commissioner
5. If the employer refuses to complete and send the form, the employee or a representative may send a form
direct to the Commissioner. The Commissioner will instruct the employer to fill in the right form.
6. The doctor must also send Progress Medical Reports (W.CL.5) monthly while treatment is carried on. If the
employee's condition has not improved after 24 months, the Commissioner may decide that the condition is
permanent and grant compensation for permanent disability.
7. The doctor must send in a Final Medical Report, stating either that the employee is fit to return to work or
that the employee is permanently disabled.
8. The doctor submits this form to the employer, who sends it to the Commissioner. Anyone else can send the
medical reports to the Commissioner, as long as the claim number is on the form.
9. The employer sends in a Resumption Report (W.CL.6) to the Commissioner, when the employee starts
work again or is discharged from hospital. The employer also fills in this form to claim back the
compensation money the employer paid to the employee during the first 3 months he or she was off work.
How is the compensation money paid?
The compensation office waits until it has all the forms and only then does it pay.
Temporary disability
The compensation office sends the money to the employer who gives it to the employee.
Permanent Disability
Lump sum -The money is paid to the employer. If an employee is no longer working for the same employer, they
must leave details of their address with the employer.
Pension - This is paid out monthly for the rest of a person's life. The disabled employee can decide where the
compensation office must send the pension, for example to a bank account. Pensions are always back-paid to the
date of the accident.
If employers do not send in the forms or the claims takes long, employees must contact the nearest labour centre
and report it.
Objections and appeals
• If an employee disagrees with the decision of the commissioner, he/she may lodge an objection to the
decision within 90 days from the date he/she became aware of the decision,
• The objection must be done on form W929 and sent to the commissioner,
• The commissioner may call a formal hearing to review the decision at which hearing the employee can
be represented by a legal representative, trade union official or family member.
• The employee can call evidence, including expert evidence.
• The commissioner, after the representations made will make a final decision.
• If still not satisfied the employee can take the decision of the commissioner on review to the High Court.
Physical address:
Moddercrest Office Park
Kestrel Place – Office 003
High Street
Modderfontein
1645
Postal address:
P O Box 3977
Edenvale
1610
Contact details:
Tel: 064 681 6550
Fax: 086 2931 770
Email: info@coidaadvisory.co.za