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COIDA - RIGHT TO COMPENSATION IN THE CASE OF A DEATH

EOHCB National

When an employee suffers a workplace injury or illness that leads to disability or death, they or their dependants have the right to claim benefits under South Africa's Compensation for Occupational Injuries and Diseases Act (COIDA). This act ensures financial support to ease the burden on families during difficult times.


Types of Compensation

Employees or their dependants can claim compensation for:

  • Medical expenses and transportation costs related to the injury.

  • Temporary Disability (either partial or total).

  • Permanent Disability, such as loss of a limb or an eye.

  • Death, in which case dependants are entitled to specific compensation.

      

This article focuses on how compensation is handled in the unfortunate event of an employee’s death due to workplace incidents.


Compensation in Case of Death

Under COIDA, if an employee dies as a result of a workplace accident, their dependants are eligible for financial support.


The definition of a dependent is one of the terms that have had their definitions amended as per the amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) published in 2022.

 

A “Dependent” now includes: 

  • a life partner of the employee;

  • widow or widower married according to civil law, civil union, customary law, or any other law;

  • a child under 18 years and includes a posthumous child, stepchild, adopted child, and a child born out of wedlock;

  • a child over 18 years but under 25 years who is still a learner or who is wholly or partly financially dependent on the employee;

  • a child who is 25 years or older, a parent, a brother, a sister, a half-brother or half-sister, a grandparent, a grandchild, or any other person who is wholly or partly financially dependent on the employee


Compensation of a dependant is calculated in accordance with items 4 – 7 of Schedule 4.


For a Spouse:

Lump Sum: The spouse will receive a lump sum that equals two times 75% of the employee’s earnings.


Example: If the employee earned R9,000 per month, the lump sum would be: 2 x (75% of R9,000) = R18,000.


Monthly Pension: The spouse will also receive a monthly pension equivalent to 40% of 75% of the employee’s earnings.


Example: For an employee earning R9,000, the monthly pension would be: 40% of (75% of R9,000) = R3,600 per month.


The pension payable to a widow or widower in terms of this section shall lapse on the last day of the month in which she or he dies.

 

For Children (under 18 years):

The remaining 60% of the pension is shared equally among the surviving children.


Example: For 3 children, each would receive 20% of 75% of the employee’s earnings. If the employee earned R9,000, each child would receive: 20% of (75% of R9,000) = R1,800 per month per child.


The pension payable to a child shall usually lapse at the end of the month in which such child reaches the age of 18 years however there are exceptions contained in the Act.


For Other Dependants:

In cases where there are no spouse or children, other dependents (who were financially reliant on the employee) can claim the same benefits as the spouse.


Example:


Incident:

A construction worker named John fell from a high-rise building while working on-site. Despite receiving medical attention, he tragically succumbed to his injuries.


Claims:


1. Spouse's Claim:

Lump Sum: John's spouse received a lump sum of 2 x 75% of John's earnings. If John earned R12,000 monthly, the lump sum would be 2 x (75% of R12,000) = R18,000.


Monthly Pension: John's spouse also receives a monthly pension of 40% of 75% of John's earnings, which would be: 40% of (75% of R12,000) = R3,600 per month.

 

2. Children's Claim:

John had three children under 18 years. Each child receives 20% of 75% of John’s earnings. This results in: 20% of (75% of R12,000) = R2,400 per child per month.


3. Other Dependants:

If John had no spouse or children, any fully dependent relatives would receive the same compensation as the spouse.

 

Process: Steps on How to Claim

If a workplace accident results in death, the dependants need to follow these steps to claim compensation:


1. Report the Incident:

  • The employer must be notified of the accident or illness immediately.

  • The employer must then report the incident to the Compensation Commissioner within 7 days.

 

2. Submit Required Documents:

  • The employer submits necessary documentation (W.Cl.2 - Notice of Accident and Claim for Compensation, and W.Cl.3 - Employer’s Report of Accident), including a detailed report on the incident and relevant medical reports.

 

3. Complete the Claim Form:

  • Dependants must submit a claim form with supporting documents, including medical reports to the Compensation Commissioner. Dependants must provide proof of their relationship to the deceased (e.g., marriage or birth certificates).

 

4. Claim Assessment:

  • The Compensation Commissioner will assess the claim, taking into account the circumstances of the death, and will determine the compensation amount.

 

5.     Receiving Compensation:

  • Once approved, compensation is paid to the dependants which may include a lump sum and monthly pension, as well as coverage for medical and funeral expenses.

 

Necessary Documentation:

  • Form W.Cl.2: Notice of Accident and Claim for Compensation.

  • Form W.Cl.3: Employer’s Report of Accident.

  • Medical Reports: Detailed medical records from treating doctors.

  • Proof of Dependency: Documents such as marriage certificates, children’s birth certificates, and death certificates.

  • Employer’s Incident Report: A detailed incident report from the employer.

  • Funeral Accounts: If applicable, funeral expenses.

  • Income and Property Details: Information on the deceased’s income and assets.

 

Support Services: Helplines and Assistance for Claims


1. Department of Labour - Compensation Fund:

Provides comprehensive guides and necessary forms for claims.


2. WCA Workers Compensation Assistance:

Specializes in assisting with claims for occupational injuries and diseases, offering over 90 years of expertise.


3. COIDA Partners Support:

 Offers services for assessments, registrations, claims, and other related queries under COIDA.


4. Department of Employment and Labour - Online Services:

 Offers online tools for submitting compensation claims and queries.



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