Amendments to the Act
Recent amendments to South Africa’s Compensation for Occupational Injuries and Diseases Act (COIDA) introduce significant changes. Key updates include expanded protections for employees, especially in relation to rehabilitation and psychosocial support.
The new amendments introduce rehabilitation aimed at reintegrating employees exposed to an occupational injury or disease, back into work and to enable them to attain and maintain, where reasonable and practicable, maximum independence, full physical, mental, social, and vocational ability as well as full inclusion and participation in all aspects of life.
The recent amendments mark a transformative step toward a more inclusive and supportive framework for employees affected by occupational injuries and diseases. The focus on clinical, vocational, and social rehabilitation underscores a commitment to holistic support, promoting both physical and psychological well-being.
Rehabilitation benefits consist of:
(i) Clinical rehabilitation and provision of assistive devices for the purpose of physical and psychological recovery or to reduce any disability resulting from occupational injuries and diseases.
(ii) Vocational rehabilitation to assist an employee in maintaining employment, obtaining employment, and regaining or acquiring vocational independence.
(iii) Social rehabilitation to assist in restoring employee’s independence and social integration to the maximum extent practicable.
Employee Obligations
Amendments to section 42 state that employees must submit to a medical examination for purposes of rehabilitation.
Employer Obligations
The employer is individually liable or the licensee must provide and facilitate services and benefits aimed at rehabilitating the employees to enable them;
(i) To return to their work
(ii)To reduce any disability resulting from injuries and diseases
Employers are required to use all available rehabilitation and reintegration processes before laying off an employee. Additionally, employers will be incentivised with assessment rebates for their participation in rehabilitation programmes for employees who qualify for them.
This progressive approach benefits employees and offers employers incentives, fostering a culture of care, rehabilitation, and productivity in the workplace. As these changes take effect, employers and employees alike must stay informed to ensure compliance and to maximize the benefits available under this revised legislation.
