Benefit calculations under COIDA Sandra Sithole Director Jonathan Purnell Candidate Attorney Norton Rose Fulbright South Africa Inc Date: 21 May 2015

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1 Benefit calculations under COIDA Sandra Sithole Director Jonathan Purnell Candidate Attorney Norton Rose Fulbright South Africa Inc Date: 21 May 2015

2 `

3 Overview Background and principles Purpose and application Employer liability policies How to calculate benefits under COIDA Some examples Let s go and have a drink Cartman 3

4 Background Compensation for Occupational Injuries and Diseases Act, 1993 Repeals the Workmen s Compensation Act, 1941 Applies since 1 March 1994 Not a big departure from previous legislation Kyle 4

5 Principles No-fault compensation system No damages claims against employers Additional compensation where negligence is proved Stan 5

6 Application of COIDA Applies to: an employee who is permanently or casually employed (includes a trainee) by an employer Who is an employee? anyone who has entered into a contract of service, apprenticeship or learnership with an employer Who is an employer? any person employing an employee labour brokers contractors 6 Kenny

7 Application of COIDA (cont.) Does not apply to: The State individually liable employers Domestic workers in private households Members of the armed forces or the police force Wilful misconduct of an employee (unless causing serious harm or death) Workers employed outside SA for a continuous period of 12 months or longer 7

8 Benefits under COIDA Paid to 3 categories of claimants Employees who suffer a temporary disability Employees who are permanently disabled Dependants of employees who die As a result of: injuries sustained in work-related accidents an occupational disease 8

9 Employer liability policies Any compensation payable by the company for any period of temporary total disability or for medical expenses shall be reduced by an amount equal to the compensation received or receivable by or on behalf of such person under any workmen s compensation enactment for temporary disability for the same or a lesser period or in respect of medical expenses 9 Mr Garrison

10 Calculating COIDA compensation Two types of disablement: Temporary disablement Permanent disablement Employee s earnings include: Value of food and quarters Any regular remuneration for overtime or other 10

11 Temporary disablement Same calculation for total and partial disablement Sections 47, 48 and Schedule 4 Entitled to periodic payments of 75% of employees monthly earnings at the time of the incident 11

12 Temporary disablement 1. Determine earnings 2. Determine 75% of an entire month s earnings 3. Divide it by 20.5 to determine daily payout 4. Multiply by the number of days the employee is off work Example: Income R per month Food R per month Regular overtime R per month Off for 5 days 12

13 Temporary disablement: example 1. Total earnings: R R400 + R800 = R % of total earnings: R x 75% = R Daily payout: R = R Multiply by number of days: R x 5 = R Total benefit to be subtracted from employer liability policy is R

14 Permanent disablement Lump sum or monthly pension depending on degree of permanent disability Section 49 Schedule 2 lists the percentages for each injury If the injury is not on the list, Director General of Labour Department can determine the percentage of disability Where an injury has unusually serious consequences on a specific person, Director General may increase the percentage applicable to that individual 14

15 Permanent disablement: 30% or less Where an employee is 30% permanently disabled, they re entitled to a lump sum payment of 15 times the monthly earnings at the time of the accident Any percentage lower than 30% receives a lump sum that s proportionate to the amount less than 30% Formula: Earnings x 15 x (percentage of disablement 30) Example: Earnings of R with 10% permanently disability R x 15 x (10 30) R x 1/3 R lump sum payout 15

16 Permanent disablement: between 30% and 100% Where an employee is 100% permanently disabled, they re entitled to a monthly pension of 75% of their monthly earnings at the time of the accident. Any percentage lower than 100% but more than 30% receives a pension that s proportionate to the amount less than 100% Formula: Earnings x 75% x (percentage of disablement 100) Example: Earnings of R with 70% permanently disability R x 75% x (70 100) R8 400 x 0.7 R monthly pension 16

17 Death of the employee in terms of section 54 Keep in mind definition of dependant of an employee which identifies widow/widowers, children and other relatives entitled to compensation. According to Section 54, this compensation can include the following: Reasonable funeral expenses with a maximum of R Widows and widowers in the definition receive a lump sum of 75% of two months earnings and a monthly pension of 40% of a monthly pension for 100% permanent disability. Children receive a monthly pension of 20% of a monthly pension for 100% permanent disability until the child reaches 18, dies, marries, completes secondary education or where the employee would have maintained the child during her tertiary education. Where there are none of the above but other wholly dependent relatives, they receive a widow s pension but no lump sum payout. Where there are no dependants that fall under the definition but there are partially dependent relatives, they receive a lump sum of a portion of R proportional to their dependence on the employee Note that the total monthly pension cannot exceed the monthly pension that would have been given if the employee were 100% permanently disabled 17

18 Some examples 1. Where the employee leaves behind a widow: Lump sum: R x 75% x 2 R8 400 x 2 R Monthly pension: R x 75% x 40% R8 400 x 40% R per month 2. Where the employee leaves behind a widow and 3 children: Widow s lump sum: R x 75% x 2 R8 400 x 2 R Monthly pension: R x 75% x (40% + 3 x 20%) R8 400 x (40% + 60%) R per month (R1 680 per month per child) 18

19 Some more examples 3. Where the employee leaves behind no widow and a child: No lump sum Monthly pension: R x 75% x 20% R8 400 x 20% R per month 4. Where the employee only has a wholly dependent relative who is neither a child nor a spouse: No lump sum: Monthly pension: R x 75% x 40% R8 400 x 40% R per month 19

20 Let s go and have a drink 20

21

22 Disclaimer Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. References to Norton Rose Fulbright, the law firm and legal practice are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together Norton Rose Fulbright entity/entities ). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a partner ) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide general information of a legal nature. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright. 22

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