Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter VII : Occupational diseases67. Calculation of compensation |
(1) | Compensation for a disease referred to in section 65(1) shall be calculated on the basis of the earnings of the employee calculated mutatis mutandis in accordance with the provisions of section 63 and the disablement of the employee at the time of the commencement of the disease or such earlier date as the Director-General may determine, if it is proved to his satisfaction that the employee was suffering from the disease at an earlier date, whichever earnings are more favourable to the employee. |
(2) | If an employee is no longer in employment at the time of the commencement of the said disease, his earnings shall be calculated on the basis of the earnings that he would probably have been earning had he still been working. |