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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 ("COID Act")
NOTE: Assented to and published in English, with alternative copy in Afrikaans

Long title


To provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
CHAPTER I. INTERPRETATION OF ACT
1. Definitions
CHAPTER II. ADMINISTRATION OF ACT
2. Staff to assist Commissioner [... Title substituted by Act 1997_061_002_19971114 - was entitled "Compensation Commissioner and staff"]  [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Staff to assist Director-General"]
3. Delegation of powers and assignment of duties by Commissioner [... Title amended by Act 1997_061_003_19971114 by way of unmarked omission and unmarked insertion - was entitled "Delegation of powers and assignment of duties by commissioner"] ... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Delegation of powers and assignment of duties by Director-General]
4. Functions of Commissioner [... Title amended by Act 1997_061_037_19971114 - was entitled "Functions of commissioner"]**  [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Functions of Director-General"]  
5. Power of Commissioner to acquire and alienate immovable property and to raise money [... Title amended by Act 1997_061_037_19971114 - was entitled "Power of commissioner to acquire and alienate immovable property and to raise money"]**  [... Title amended by Act 2022_010_062_20230417 - was entitled "Power of Director-General to acquire and alienate immovable property and to raise money"]** 
6. Powers of Commissioner regarding witnesses and subpoenas [... Title amended by Act 1997_061_037_19971114 - was entitled "Power of commissioner regarding witnesses and subpoenas]**  [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Powers of Director-General regarding witnesses and subpoenas"]
6A. Functions of Commissioner
[... Title inserted by Act 1997_061_005_19971114]   [... Title amended by Act 1997_061_037_19971114 - was entitled "Functions of commissioner"]**  
[... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Functions of Director-General"]
7. Powers of authorized person 
8. Assessors
9. [ Benefits ] [ Compensation ] payable to assessors [... Title amended by Act 1997_061_007_19971114 by way of unmarked omission and marked insertion - was entitled "Benefits payable to assessors"]
10. Compensation Board
11. [ Constitution ] [ Composition ] of Board [... Title substituted by Act 1997_061_008_19971114 by way of unmarked omission and unmarked insertion - was entitled "Constitution of Board"]
12. Functions of Board
13. Term of office of Board [... Title amended by Act 2022_010_005_20230417 by way of unmarked omission and iunmarked insertion - was entitled "Term of office and remuneration of members of Board"]
13A.Secretariat of Board [... inserted by Act 2022_010_006_20230417]
13B. Disqualifications of Board members [... inserted by Act 2022_010_006_20230417]
13C. Resignation and removal from office [... inserted by Act 2022_010_006_20230417]
14. ... [... repealed by Act 2022_010_007_20230417 - was entitled "Meetings of Board"]
CHAPTER III. COMPENSATION FUND AND RESERVE FUND 
15. Compensation Fund  [... amended by Act 2022_010_062(c)_20230417 - was entitled "...compensation fund"]
16. Application of Compensation Fund [... amended by Act 2022_010_062(c)_20230417 - was entitled "Application of compensation fund"]
17. Valuation of Compensation Fund [... amended by Act 2022_010_062(c)_20230417 - was entitled "Valuation of compensation fund"]
18. Accounting
19. Reserve fund
20. Accounts and audit
21. Income of funds exempt from tax
CHAPTER IV. COMPENSATION FOR OCCUPATIONAL INJURIES
22. Right of employee to compensation
23. Accidents outside Republic
24. Application of Act to seamen and airmen
25. Accidents during training for or performance of emergency services
26. Special circumstances in which Commissioner may refuse award [... Title amended by Act 1997_061_037_19971114 - was entitled "Special circumstances in which commissioner may refuse award"]**  [... Title amended by Act 2022_010_015(a)_20230417 - was entitled "Special circumstances in which Director-General may refuse award"]
27. Special circumstances in which Commissioner may make award [... Title amended by Act 1997_061_037_19971114 - was entitled "Special circumstances in which commissioner may make award"]**  [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Special circumstances in which Director-General may make award"]
28. Employee requiring constant help
29. Liability for payment of compensation
30. Licence to carry out business of Compensation Fund [... Title amended by Act 2022_010_016(a)_20230417 - was entitled "Mutual associations"]
31. Security for payment of compensation and cost of medical aid by employers individually liable
32. Compensation may not be alienated or reduced
33. Cession or relinquishment of benefits void
34. Compensation not to form part of deceased employee's estate
35. Substitution of compensation for other legal remedies
36. Recovery of damages and compensation paid from third parties
37. Threats and compulsion
CHAPTER V. CLAIMS FOR COMPENSATION
38. Notice of accident by employee to employer
39. Notice of accident by employer to Commissioner [... Title amended by Act 1997_061_037_19971114 - was entitled "Notice of accident by employer to commissioner"]** [... Title amended by Act 2022_010_062(d)_20230417 by way of unmarked omission and unmarked insertion - was entitled "Notice of accident by employer to Director-General"]  
40. Inquiry by Commissioner into accident [... Title amended by Act 1997_061_037_19971114 - was entitled "Inquiry by commissioner into accident"]** [... Title amended by Act 2022_010_020_20230417 - was entitled "Inquiry by Director-General into accident"]**
41. Particulars in support of claim
42. Employee to submit to medical examination and rehabilitation [... Title amended by Act 2022_010_022(a)_20230417 - was entitled "Employee to submit to medical examination"]
43. Lodging of claim for compensation [... Title amended by Act 2022_010_023_20230417 - was entitled "Claim for compensation"]
44. Prescription
45. Consideration of claim
46. Appearance of parties
CHAPTER VI. DETERMINATION AND CALCULATION OF COMPENSATION AND ASSESSMENT OF DISABLEMENT  [... Title amended by Act 2022_010_027_20230417 - was entitled "DETERMINATION AND CALCULATION OF COMPENSATION"]
47. Compensation for temporary total or partial disablement
48. Expiry of compensation for temporary total or partial disablement
49. Compensation for permanent disablement
49A. Commencement of monthly pension [... inserted by Act 2022_010_031_20230417] 
50. Amendment of Schedule 2
51. Compensation for permanent disablement of employee in training or under 26 years of age
52. Payment of lump sum in lieu of pension
53. Compensation to employee previously in receipt of compensation
54. Payment of compensation if employee dies [... Title amended by Act 2022_010_032(a)_20230417 - was entitled "Amount of compensation if employee dies"]
55. Amendment of Schedule 4
56. Increased compensation due to negligence of employer
57. Increase of monthly pensions
58. Advances on compensation
59. Control over payment of compensation
60. Pensioner resident outside Republic
61. Recovery of compensation or other benefits
62. Provisional settlements
63. Manner of calculating earnings
64. Certain compensation to employers prohibited
CHAPTER VII. OCCUPATIONAL DISEASE
65. Compensation for occupational diseases
66. Presumption regarding cause of occupational disease
67. Calculation of compensation
68. Notice of occupational disease by employee and employer
69. Amendment of Schedule 3
70. Appointment of medical advisory panels
CHAPTER VIIA. REHABILITATION AND REINTEGRATION [... Title inserted by Act 2022_010_041_20230417] 
70A. Compensation Fund to provide rehabilitation [... inserted by Act 2022_010_041_20230417] 
CHAPTER VIII. MEDICAL AID
71. ... [... repealed by Act 1997_061_027_19971114 - was entitled "First Aid"] 
72. Conveyance of injured and diseased employee  [... Title amended by Act 2022_010_042(a)_20230417 - was entitled ""Conveyance of injured employee] 
73. ... [... repealed by Act 1993_130_058_20240516 Sch - was entitled "Medical expenses"]
74. Submission of medical report
75. ...  [... Title amended by Act 1997_061_037_19971114 - was entitled "... commissioner to decide on need for, and nature and sufficiency of, medical aid"]** [... Title amended by Act 2022_010_045_20230417 - was entitled "Director-General to decide on need for, and nature and sufficiency of, medical aid"] [... repealed by Act 1993_130_058_20240516 Sch - was entitled "Commissioner to decide on need for, and nature and sufficiency of, medical aid"]
76. Fees for medical aid
77. Contributions by employees towards cost of medical aid prohibited
78. Medical aid provided by employers
79. Consultation of representatives of medical authorities by Commissioner [... Title amended by Act 1997_061_037_19971114 - was entitled "Consultation of representative medical authorities by commissioner"]**  [... Title amended by Act 2022_010_048_20230417 - was entitled "Consultation of representatives of medical authorities by Director-General"] 
CHAPTER IX. OBLIGATIONS OF EMPLOYERS
80. Employer to register with [ Director-General ] [ [ commissioner ] ] Compensation Fund and to furnish particulars ]... Title amended by Act 1997_061_037_19971114 - was entitled "Employer to register with commissioner and to furnish him with particulars"]**  [... Title amended by Act 2022_010_049(a)_20230417 - was entitled "Employer to register with Director-General and to furnish him with particulars"] 
81. Employer to keep record
82. Employer to furnish returns of earnings
83. Assessment of employer
84. Certain employers exempt from assessment
85. Variation of tariff of assessment
86. Assessment to be paid by employer to Compensation Fund [... Title amended by Act 2022_010_053_20230417 - was entitled "Assessment to be paid by employer to commissioner"] 
87. Failure to pay assessment or other moneys
88. Contributions by employers individually liable and [ licensee ]  [... Title amended by Act 2022_010_055(a)_20230417 - was entitled "Contributions by employers individually liable and mutual associations"]
89. Contractors and sub-contractors [... Title amended by Act 2022_010_056_20230417 - was entitled "Mandators and contractors"]
CHAPTER X. LEGAL PROCEDURES
90. Variation of decisions by Commissioner [... Title amended by Act 1997_061_037_19971114 - was entitled "Review of decisions by commissioner"]**  [... Title amended by Act 2022_010_057(a)_20230417 - was entitled "Review of decisions by Director-General"]
91. Objections and appeal against decisions of Commissioner [... amended by Act 1997_061_037_19971114 0 was entitled "Objections and appeal against decision of commissioner"]**  [... Title amended by Act 2022_010_058(a)_20230417 - was entitled "Objections and appeal against decisions of Director-General"]
92.Commissioner may state case for Supreme Court  [... Title amended by Act 1997_061_037_19971114 - was entitled "... commissioner may state case for Supreme Court"]** [... Title amended by Act 2022_010_062(d)_20230417 - was entitled "Director-General may state case for Supreme Court"]**
93.Evidence
CHAPTER XA. INSPECTION, COMPLIANCE AND ENFORCEMENT [... Title inserted by Act 2022_010_059_2023417]
93A.Appointment of inspectors [... Title inserted by Act 2022_010_059_2023417]
93B.Functions of inspectors [... Title inserted by Act 2022_010_059_2023417]
93C.Powers of entry [... Title inserted by Act 2022_010_059_2023417]
93D.Powers to question and inspect [... Title inserted by Act 2022_010_059_2023417]
93E.Co-operation with inspectors [... Title inserted by Act 2022_010_059_2023417]
93F.Compliance orders [... Title inserted by Act 2022_010_059_2023417]
93G. Compliance order made order of court [... Title inserted by Act 2022_010_059_2023417]
CHAPTER XI. GENERAL
94. Arrangements with foreign states regarding compensation
95. Certain documents exempt from stamp duty
96. Disclosure of information
97. Regulations
98. False statements
99. Penalties 
100. Repeal of laws
101.Short title and commencement
Sch. 1.SCHEDULE 1. LAWS REPEALED [s1, s100]
Sch. 2. SCHEDULE 2.  [s1, s49, s60]
Sch. 3. SCHEDULE 3.  [s1, s66, s69, s70]
Sch. 4. SCHEDULE 4. MANNER OF CALCULATING COMPENSATION [s1, s47, 49, s54, s55]
 
Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
NOTE: Act 1993_130_000 Sch amendments by way of Notice in the Gazette
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As unamended Act 1993_130_000_19931006 EXT.LINK REQ.INFO LINK
As amended by Act 1997_061_000_19971114 .  N/A REQ.INFO LINK
As amended by Act 2022_010_000_20230417 . N/AREQ.INFOLINK
As amended by Act 2023_020_000_20240516 . N/AREQ.INFOLINK
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