Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter VI : Determination and calculation of compensation and assessment of disablement47. Compensation for temporary total or partial disablement |
(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 Compensation Commissioner or licensee concerned, as the case may be. |
[Section 47(3)(b) substituted by section 28 of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (c) | An employer who fails to comply with paragraph (a) shall be liable to a penalty equal to double the full amount of three months compensation payable plus interest. |
[Section 47(3)(c) substituted by section 28 of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 1 April 2026 per (c) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (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). |