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Compensation claim periods: Four essential rules you must remember

by , 28 May 2015
It's important to make sure you know about COID's regulations and new amendments and also understand that if you don't register or pay your tariffs, you could face criminal prosecution.

When it comes to compensation claim periods, there are some things you need to know about the process in itself so that you avoid any penalties!



Today we'll let you know the most important rules for compensation claim periods


1. Any claim for compensation must be submitted within 12 months after the date of the accident or death (Section 43.1a of COIDA)

If the claim isn't made within this time, it won't be considered unless the accident was reported previously (Section 43.1b of COIDA);

2. Claims for compensation by any person who works at sea or with aircrafts must be lodged with the person in command of the vessel or aircraft, except if the person injured is the person in command (Section 43.2 of COIDA). He will report it to his direct superior;

3. If the employee works at sea or with aircrafts, and has an accident that results in death outside of South Africa, the claim must be submitted within 12 months after the news of the death has been received by any dependant (Section 43.3 of COIDA); and

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Avoid getting your claims denied...

COID statistics show that the fund denies 80% of all claims outright!

Why?

For two reasons:

1.    The employee either didn't report the claim properly.
2.    Or the incident they reported is something the COID Fund doesn't cover.

Click here to ensure this doesn't happen to you...

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4. Your employee's rights to receive benefits will lapse if the accident, including notifying your employer or mutual association, isn't brought to the attention of the Commissioner within 12 months after the date of the accident. (Section 44 of COIDA).

Here are three reasons your failure to report the accident might get you off the hook

If you can prove that your failure to report the accident:

1. Wasn't due to willful negligence;  
2. Was because of something you had no control over; or
3. The value of the amount would result in your company becoming insolvent, bankrupt or liquidated;

Notice that the Director General can reduce the fine, reimburse you or allow you to pay a fine in installments (Section 39.11 of COIDA).

Stay informed and make sure you're not being liable for any mistakes due to the fact you didn't know the law well enough!

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