The Compensation for Occupational Injuries and Diseases Act (“the Act”) aims to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment. It also aims to provide compensation for death resulting from such injuries or diseases. However, this was not the case for select groups that were specifically excluded in terms of the Act. Including domestic workers working in private households.
Those individuals that were specifically excluded from claiming compensation in terms of the Act were:
Practically, this meant that if a domestic worker employed in a private household, sustained an injury or died on duty, he/she or his/her dependents could not claim compensation in terms of the Act. This also meant that employers who employed such domestic workers had no obligation to contribute to the Compensation Fund.
The above-mentioned will soon be drastically changed as the High Court in Pretoria announced that domestic workers are now eligible to claim from the Compensation Fund if they were injured or contracted a disease at their place of work. The same applies should a domestic worker die while on duty; – the family of the domestic worker would then be allowed to claim.
The decision in the Pretoria High Court arose from a case in which a domestic worker drowned in her employer’s swimming pool during the course of her duties. When her dependent daughter approached the Department of Labour, she was informed that she was not allowed to claim in terms of the Act, as domestic workers were not included in the definition of an “employee”. This newly found right of domestic workers to claim from the Compensation Fund will now see domestic workers and their dependents enjoying the full protection the Act has to offer.
Employers will now have to pay into the Compensation Fund once a month and will not be allowed to deduct money from the workers’ wages for this. There are certain instances where the Compensation Fund will not provide payment:
Compensation is paid to employees who get injured at work or for diseases caused by work. There are four main types of compensation payments. These are:
Compensation is calculated as a percentage (%) of the wage the worker was earning at the time of the disease or injury’s diagnosis. If the employee is unemployed by the time a disease is diagnosed, the wage they would have been earning must be calculated. The Fund does not pay for pain and suffering, only for the loss of movement or use of the body.
The Act came under scrutiny towards the end of 2018 and amendments were proposed to provide more inclusive legislation. The decision in the Pretoria High Court has fast-tracked the amendments which will undoubtedly make huge strides for domestic workers in private households.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)