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

Chapter VI : Determination and calculation of compensation

Purchase

(1)

(a)	Compensation for temporary total disablement shall be calculated on the basis set out in item 1 of Schedule 4 subject to the minimum and maximum amounts.

[Section 47(1)(a) substituted by section 17(a) of Act No. 61 of 1997]

(b)	[Section 47(1)(b) deleted by section 17(b) of Act No. 61 of 1997]

(2)	Compensation for temporary partial disablement shall consist of such portion of the amount calculated in terms of subsection (1) as the Director-General may consider equitable.

(3)

(a)	Notwithstanding section 29 the employer in whose service an employee is at the time of the accident shall be liable for the payment of the compensation referred to in subsection (1) for the first three months from the date of accident.

(b)	After the expiry of the said three months, compensation so paid by such employer shall be repaid to the employer by the Director-General or mutual association concerned, as the case may be.

[Section 47(3)(b) substituted by section 17(c) of Act No. 61 of 1997]

(c)	An employer who fails to comply with paragraph (a) shall be guilty of an offence.

[Section 47(3)(c) inserted by section 17(d) of Act No. 61 of 1997]

(4)	Payment of compensation in terms of subsections (1) and (2) shall take place in the form of periodical payments at such times and intervals, but not exceeding one month, as the Director-General may determine.

(5)

(a)	Periodical payments shall take place for so long as the temporary total disablement continues, but not for a period exceeding 24 months.

[Section 47(5) substituted by section 17(e) of Act No. 61 of 1997]

(b)	If such disablement continues for longer than 12 months, the Director-General may order the continuation of those payments for such further period as he may determine.

(6)	Temporary total disablement continuing for more than 24 months may be treated by the Director-General as permanent disablement.

(7)

(a)	No periodical payments shall be payable for the period in respect of which the employer pays the cost of maintenance of an injured seaman in terms of the merchant shipping law.

(b)	Notwithstanding paragraph (a) such payments may be made as the Director-General may deem equitable but not exceeding the amount contemplated in subsection (1).