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

The benefits payable according to the Act :

Payment for temporary total or partial disablement shall be made for as long as such disablement continues, but not for a period exceeding 24 months.

Determination of permanent disablement of employees will either be a lump sum (if PD is lower or equal to 30%) or pension (if PD is higher than 30%) . Percentage permanent disablement shall be calculated by subtracting impairment baseline score from impairment total score. If no impairment baseline score is available, it will be assumed that impairment total score was one (1) at the time of the diagnosis of work related asthma i.e. the PD will be impairment total score subtract one.

Payment for permanent disablement shall be made when a Final Medical Report and lung function test done have been received. This will usually occur after completion of treatment of work aggravated asthma has been done or, when the treating medical practitioner considers that no further improvement is anticipated and effort has been made to reduce exposure to the potential aggravating agents.

In all accepted cases of work-aggravated asthma, medical aid shall be provided until the asthma attack/symptoms have stabilised for a period of not more than 24 mouths from the date of diagnosis. The medical aid shall cover costs of the diagnosis of work aggravated asthma and/or any necessary treatment of work aggravated asthma provided by any health care provider until the condition stabilises. The Compensation Commissioner shall decide on the need for, the nature and sufficiency of medical aid supplied.

Reasonable burial expenses, widow’s and dependent’s pensions shall be payable, where applicable, if an employee dies as a result of work aggravated asthma.