COIDA Amendments: A Comprehensive Overview

The Compensation for Occupational Injuries and Diseases Act (COIDA) has recently undergone significant amendments, impacting both employers and employees. This article provides a comprehensive overview of these changes and their implications.

Key Amendments

Expanded Definitions: The definition of "dependents" has been broadened to include more individuals, especially widows and minor children. Additionally, "occupational diseases" now encompass post-traumatic stress disorder (PTSD).

Rehabilitation and Psychosocial Support: COIDA now mandates comprehensive rehabilitation services, including clinical, vocational, and social rehabilitation. Employers are encouraged to prioritize rehabilitation and reintegration before considering layoffs.

Expanded Scope of Compensation: Compensation coverage has been extended to include accidents during transportation to or from work, as well as accidents during work-related travel. However, employees must still comply with rehabilitation requirements to be eligible for benefits.

Training for Emergency Services: The Act now covers accidents that occur during training for emergency services.

Business Licensing and Insurance: Mutual associations have been replaced with licensed businesses, allowing for greater flexibility and oversight in the insurance industry.

Prescription Period: The time limit for reporting accidents has been extended from 12 months to three years.

Permanent Disablement: The Commissioner has the power to review and reassess permanent disability claims.

Death Benefits: Death benefits now extend to employees who die as a result of occupational diseases.

Monthly Pensions: The Minister, in consultation with the Commissioner and Compensation Board, can increase monthly pension payments.

Occupational Diseases: Amendments to the list of occupational diseases will not have retroactive effect.

Record Keeping: Employers must retain records for five years and may maintain electronic records.

Inspection, Compliance, and Enforcement: The Act introduces new provisions for inspections, compliance orders, and penalties for non-compliance.

Regulations: The Minister can make regulations on various aspects of COIDA, including rehabilitation, inspection, and enforcement.

Penalties: The Act imposes various penalties for non-compliance, including fines and potential interest on unpaid compensation.

Implications for Employers

Employers should proactively review and update their policies and procedures to comply with the new COIDA amendments. Key considerations include:

Rehabilitation Programs: Implement robust rehabilitation programs to support injured employees and reduce the risk of long-term disability.

Transportation Policies: Review transportation policies to ensure compliance with the expanded scope of compensation.

Record Keeping: Maintain accurate and up-to-date records to avoid penalties.

Compliance with Inspection and Enforcement: Cooperate with inspectors and address any compliance issues promptly.

It's crucial for employers to stay informed about the specific details of the amendments and seek legal advice if needed to ensure full compliance.

Remember: Registering for workers' compensation is a legal requirement for all employers in South Africa. By taking proactive steps to comply with COIDA, you can protect your business and your employees.

Download the COIDA Legislation 

• The Compensation for Occupational Injuries and Diseases Act (COIDA): https://www.gov.za/documents/compensation-occupational-injuries-and-diseases-act

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