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

Chapter V : Claims for compensation

40. Inquiry by Commissioner into accident
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[Section 40 heading substituted by section 20(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023]

 

(1)The Commissioner shall, after having received notice of an accident or having learned in some other way that an employee has met with an accident, make such inquiry as he or she may deem necessary for purposes of determining liability in terms of this Act.

[Section 40(1) substituted by section 20(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]

 

(2)An employee or employer shall, at the request of the Director-General, furnish such further particulars regarding the accident and injuries concerned as the Director-General may require

 

(3)The Commissioner shall, at the request of an injured employee or the employer, furnish such information as the Commissioner may deem necessary to enable that employee or employer to comply with the provisions of this Act.

[Section 40(3) substituted by section 20(c) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 1 April 2026 per (c) of Proclamation Notice 306, GG53990 dated 23 January 2026]

 

(4)An employer who fails to comply with the provisions of this section shall be liable to a penalty of 10 per cent plus interest on actual earnings declared to the Compensation Fund.

[Section 39(9) substituted by section 19(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 1 April 2026 per (c) of Proclamation Notice 306, GG53990 dated 23 January 2026]

 

(5)Notwithstanding section 4(1)(c), the Director-General may refuse to adjudicate on the claim of an employee who fails to comply with subsection (2).