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

Chapter IX : Obligations of employers

88. Contributions by employers individually liable and mutual associations
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(1)Notwithstanding any provision to the contrary contained in this Act, the employers individually liable and the mutual associations shall pay annually to the Director-General in such manner and at such times as he may determine, such portion of the expenditure incurred by him in the administration of the provisions of this Act as he may deem equitable.

 

(2)
(a)The Director-General shall as soon as possible after the end of each financial year estimate the loss suffered during that year as a result of compensation that became payable out of the compensation fund in respect of employees with regard to whom their employers failed to pay assessments.
(b)Such loss shall be estimated on the basis of the difference between the compensation referred to in paragraph (a) as calculated by the Director-General, together with any expenditure incurred or likely to be incurred in connection therewith, and the amounts recovered from the employers concerned or likely to be recovered whether by way of compensation, fines or otherwise.
(c)The loss for any particular financial year may be revised by the Director-General in subsequent years in the light of the amounts actually paid or recovered.
(d)The employers individually liable and the mutual associations shall pay to the Director-General, in such manner and at such times as he may determine, such portion of the said loss as he may deem equitable.

 

(3)The provisions of this Act with regard to the recovery of assessments shall apply mutatis mutandis to the recovery of an amount owing by an employer or mutual association in terms of this section.

 

(4)For the purposes of this section compensation includes the cost of medical aid as well as any amount paid or payable in terms of section 28, 54(2) or 72(2) and, in the case of a pension, the capitalised value as determined by the Director-General of the pension, irrespective of whether a lump sum in lieu of the pension or a portion thereof is at any time paid under section 52 or 60, and periodical payments or allowances, as the case may be.