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

Circular Instructions

Circular Instruction No. 174 - Compensation for Occupational Lung Cancer

5. Reporting

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The following documentation should be submitted to the Compensation Commissioner or the employer individually liable or the mutual association concerned:

Employer’s Report of an Occupational Disease (W.CL.1) - Lung Cancer may occur many years after exposure to the carcinogenic industrial agent. The employee may no longer be in the employment of the same employer where the risk factor exposure occurred. The current employer should complete W.CL.1 and no liability will be attributed to that employer.
Notice of an Occupational Disease and Claim for Compensation (W.CL.14).
An affidavit by the employee if an employer cannot be traced or the employer will not timeously supply a W.CL.1.
First Medical Report in respect of an Occupational Disease (W.CL.22).
Industrial History (W.CL.110) - There should be a clear history of carcinogenic industrial agent exposure or exposure in an occupation or industry where a carcinogenic industrial agent exposure is known to occur.
Progress/Final Medical Report in respect of an Occupational Disease (W.CL. 26).
Histology /Cytology Report - The report should contain the name of the claimant and a diagnosis of lung cancer of any type. The report should also detail the name of the Pathologist, contact details and reference details that will enable telephonic validation of the report.
Accompanying medical reports detailing the employee’s illness and occupational exposure are optional if all of the above is satisfied.
X-rays and reports used to confirm diagnosis.