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Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter VI : Determination and calculation of compensation

49. Compensation for permanent disablement


(a) Compensation for permanent disablement shall be calculated on the basis set out in items 2, 3, 4 and 5 of Schedule 4 subject to the minimum and maximum amounts.

[Section 49(1)(a) substituted by section 18(a) of Act No. 61 of 1997]

(b) [Section 49(1)(b) deleted by section 18(b) of Act No. 61 of 1997]


(a) If an employee has sustained an injury set out in Schedule 2, he shall for the purposes of this Act be deemed to be permanently disabled to the degree set out in the second column of the said Schedule.
(b) If an employee has sustained an injury or serious mutilation not mentioned in Schedule 2 which leads to permanent disablement, the Director-General shall determine such percentage of disablement in respect thereof as in his opinion will not lead to a result contrary to the guidelines of Schedule 2.
(c) If an injury or serious mutilation contemplated in paragraph (a) or (b) has unusually serious consequences for an employee as a result of the special nature of the employee’s occupation, the Director-General may determine such higher percentage as he or she deems equitable.

[Section 49(2)(c) inserted by section 18(c) of Act No. 61 of 1997]


(3) No payment for temporary disablement in terms of section 47 shall be deducted from compensation payable in terms of this section.


(4) For the purposes of this section "monthly pension" means, where it appears in the relevant items in Schedule 4, a pension payable monthly during the lifetime of the employee and which expires at the end of the month in which the employee dies.