Superior Courts Act, 2013
R 385
Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter IV : Compensation for occupational injuries22. Right of employee to compensation |
| (1) | If an employee meets with an accident resulting in his disablement or death such employee or the dependants of such employee shall, subject to the provisions of this Act, be entitled to the benefits provided for and prescribed in this Act. |
| (2) | No periodical payments shall be made in respect of temporary total disablement or temporary partial disablement which lasts for three days or less. |
(3)
| (a) | Notwithstanding that an accident is attributable to the serious and wilful misconduct of the employee, compensation shall be payable in terms of this Act. |
| (b) | [Section 22(3)(b) deleted by section 12(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026] |
[Section 22(3)(a) substituted by section 12(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (4) | For the purposes of this Act an accident shall be deemed to have arisen out of and in the course of the employment of an employee notwithstanding that the employee was at the time of the accident acting contrary to any law applicable to his employment or to any order by or on behalf of his employer, or that he was acting without any order of his employer, if the employee was, in the opinion of the Director-General, so acting for the purposes of or in the interests of or in connection with the business of his employer. |
| (5) | For the purposes of this Act the conveyance of an employee by or on behalf of the employer to or from his or her place of employment or any place for the purposes of his or her employment by means of any mode of transportation in furtherance of the business of the employer, shall be deemed to take place in the course of such employee’s employment. |
[Section 22(5) substituted by section 12(c) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (6) | Conveyance shall be deemed to commence once an employee reaches the place designated by the employer for pick-up and cease on drop-off at the place as so designated by the employer. |
[Section 22(6) inserted by section 12(d) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
