Compensation For Occupational Injuries & Diseases Act/Coida

Purpose

Provides a comprehensive protection to employees who injured in the course of performing their duties.
COIDA applies to all casual and full-time workers who become ill/injured/ disabled/killed due to a workplace accident/disease
It excludes workers who are guilty of willful misconduct/workers working outside South Africa for at least twelve months/members of the SA Defence Force/Police services.
It provides for the establishment of a Compensation Board whose function is to advise the Minister of Labour on the application/provisions of COIDA.

POSITIVE/ADVANTAGES
Promotes safety in the workplace.
Creates a framework for acceptable employment practices and safety regulations.
Supply administrative guidelines/mechanisms for dealing with/processing claims.
Eliminates time and costs spent on lengthy civil court proceedings.
Employers are protected from financial burden should an accident occur in the workplace
provided that the employer was not negligent
Claiming processes are relatively simple.•

NEGATIVES/DISADVANTAGES

Claiming processes can be time consuming.
Procedures required by this Act may be costly as paperwork places an extra administrative
burden on businesses.
Implementation processes/procedures required by the Act may be expensive.
Employers have to register all their workers/make annual contributions to COIDA, which may result in cash flow problems.
Employers may be forced to pay heavy penalties if they are found guilty of negligence/not enforcing safety measures.
Workers who are temporarily/permanently employed in foreign countries are not covered.
Domestic/Military workers are not covered.

DISCRIMINATORY ACTIONS ACCORDING TO COIDA

Employers who bribe/prevent employees from reporting the accident/injury.
Providing false information about previous, serious accidents/occupational diseases.
Employers who do not contribute to the Compensation fund.
Employers who do not allow claims for injuries, discriminates against injured employees.
Employers that take too long to process claims/delay the claiming process.

PENALTIES FOR NON-COMPLIANCE WITH COIDA

Businesses can be fined for refusing to lodge the claim/contravening the Act.
Businesses can be forced to make large payments if it did not take the necessary precautions according to the Act.
They may be forced to pay any recovery costs required by the Compensation Fund.
Employees may take businesses to court for not registering them with the Commissioner of the Compensation Fund.
If businesses are found guilty of any misconduct, they will have to pay large penalties/face imprisonment.

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE COIDA

Businesses should provide a healthy/safe working environment.
Register with the Compensation Commissioner and provide the particulars of the business.
Keep records of employees’ income and details of work for four years.
Report all incidents causing death/injury/illness of employees.
Submit returns of earnings by no later than 1 March annually.
Levies must be paid to the Compensation Fund.