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

Circular Instructions

Circular Instruction No. 173 - Compensation for Mesothelioma due to Occupational Asbestos Exposure

5. Reporting


The following documentation should be submitted to the Compensation Commissioner or the employer individually liable or the mutual association concerned:

Employer’s Report of an Occupational Disease (W.CL. 1) - Mesothelioma may occur many years after asbestos exposure. The employee may no longer be in the employment of the same employer where asbestos exposure occurred. The current employer should complete W.CL. 1 and no liability will be attributed to that employer.
Notice of an Occupational Disease and Claim for Compensation (W.CL 14).
An affidavit by the employee if an employer cannot be traced or the employer will not timeously supply a W.CL1. .
First Medical Report in respect of an Occupational Disease (W.CL. 22).
Industrial History (W.CL. 110) - There should be a clear history of occupational asbestos exposure or exposure in an occupation or industry where asbestos exposure is known to occur.
Progress/Final Medical Report in respect of an Occupational Disease (W.CL. 26).
Histology/Cytology Report - The report should contain the name of the claimant and a diagnosis of mesothelioma of any type. The report should also detail the name of the Pathologist, contact details and reference details that will enable telephonic validation of the report.
Accompanying medical reports detailing the employee’s illness and occupational exposure are optional if all of the above is satisfied.
Radiological investigations and reports will only be required if cytology results are used to confirm diagnosis.