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

Circular Instructions

Circular Instruction No. 187 - Compensation for Work-related Upper Respiratory Tract Disorders

4. Benefits

 

The benefits payable according to the Act :

 

4.1 Temporary disablement

 

Payment for temporary total or partial disablement shall be made far as long as such disablement continues, but not for a period exceeding 24 months.

 

4.2 Permanent disablement

 

Payment for permanent disablement shall he made, where applicable, and when a Final Medical Report is received. For persistent nasal erosion and/or perforation after optimal medical treatment, the percentage disablement will depend on the size of the perforation and/or erosion.

 

Size of the nasal perforation or erosion

Percentage Permanent Disablement

Presence of erosion or a perforation less than 0.5cm diameter

5

Presence of erosion or a perforation between 0.5 to 2.0cm diameter

10

Presence of erosion or a perforation more than 2.0cm diameter

15

 

In a case where there are multiple erosions and/or perforations, percentage permanent disablement will be the sum of all the individual percentage permanent disablement of each erosion and/or perforation present.

 

For allergic Work-related Upper Respiratory Tract Disorders, where sensitisation is proven to persist after the worker has been removed from the specific work environment, and there is no need for medication a permanent disablement of 15% will be awarded. If sensitisation persists and the employee was to be dependent on medication to control symptoms, permanent disablement of 20% would be awarded.

 

4.3 Medical Aid

 

Medical aid shall he provided for a period of not more than 24 months from the date of diagnosis or longer, if in the opinion of the Director General, further medical aid will reduce the extent of the disablement. Medical aid covers costs of diagnosis of work-related Upper Respiratory Tract Disorders and any necessary treatment provided by any health care provider. The Compensation Commissioner shall decide on the need for, the nature and sufficiency of medical aid supplied.

 

4.4 Death benefits

 

Reasonable burial expenses, widow's and dependant's pensions may be payable, where applicable, if the employee dies as a result of Work-related Upper Respiratory Tract Disorders.