From Compensation To Rehabilitation: Key Prospective Changes To COIDA

The aim of the Amendment Act is to amend, substitute, insert, delete and repeal certain definitions and sections of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (“COIDA“). The amendments, however, will only take effect once a commencement date is officially proclaimed.

One of the most important aspects of the Amendment Act is its focus on the rehabilitation of employees who suffer work-related injuries or occupational diseases. The Amendment Act provides for the rehabilitation of persons who have suffered such occupational injuries or illnesses. It also introduces psychosocial support as part of clinical and vocational rehabilitation services. The scope of compensation has also been expanded. Section 22 now provides that employees are entitled to claim benefits if they are injured or killed in an accident, while being transported by or on behalf of their employer to or from their place of employment, or when travelling to any location required by their employer in furtherance of the business. This inclusion ensures that employees are covered not only during their working hours but also in certain circumstances where transport forms part of their work duties. The Amendment Act clarifies when “conveyance” commences and ends. It states that conveyance begins once an employee arrives at the place designated by the employer for pick-up and ends upon drop-off at the designated place. This removes uncertainty about coverage in relation to workplace transport.

A further change relates to accidents occurring outside South Africa. Where an employee who ordinarily works in South Africa for an employer carrying on business in the country suffers an accident while temporarily employed abroad, the employee will be entitled to compensation as if the accident had occurred locally. The amount of compensation will be based on the earnings the employee would have received had they remained in South Africa at the time of the accident. Section 25 now also provides compensation for employees who suffer an accident while engaged in work-related training. This is a significant development since such circumstances were not previously covered.

The Amendment Act also introduces a new prescription period for claims. Section 44 provides that claims must be brought to the attention of the Commissioner within three years from the date of the accident. Section 48 further provides that the right to compensation for temporary total or partial disablement expires when the employee is declared medically fit to return to work or when the employee resumes work at the same or greater earnings. Section 91 confirms that any person affected by a decision of the Commissioner has twelve months from the date of that decision to lodge an objection in the prescribed manner.

A new provision, section 70A, together with its draft regulations, focuses on return-to-work measures. The purpose of this section is to ensure that employees who have suffered occupational injuries or diseases are supported in returning to work or, where this is not possible, in being reintegrated into the labour market. The regulations supporting section 70A state that employers are to provide facilities, services and benefits aimed at rehabilitation.

The COIDA Amendment Act represents a significant shift in how workplace injuries and diseases are addressed. It moves beyond simple compensation by focusing on rehabilitation, reintegration, and broader employee protection. Once proclaimed, these amendments will enhance the rights of employees and provide greater clarity and certainty for both employees and employers.