Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter VII : Occupational diseases65. Compensation for occupational diseases |
| (1) | Subject to the provisions of this Chapter, an employee shall be entitled to the compensation provided for and prescribed in this Act if it is proved to the satisfaction of the Director-General— |
| (a) | that the employee has contracted a disease mentioned in Schedule 3 and that such disease has arisen out of and in the course of his or her employment; or |
| (b) | that the employee has contracted a disease other than a disease contemplated in paragraph (a) and that such disease has arisen out of and in the course of his or her employment. |
[Section 65(1)(a) substituted by section 37(a) 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) | If an employee has contracted a disease referred to in subsection (1) and the Commissioner is of the opinion that the recovery of the employee is being delayed or that his or her temporary total disablement is being prolonged by reason of some other disease of which the employee is suffering, the Commissioner may approve medical costs also for such other disease for so long as he or she may deem it necessary. |
[Section 65(2) substituted by section 37(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]
| (3) | If an employee has contracted a disease referred to in subsection (1) resulting in permanent disablement and that disease is aggravated by some other disease, the Director-General may in determining the degree of permanent disablement have regard to the effect of such other disease. |
| (4) | Subject to section 66, a right to benefits in terms of this Chapter shall lapse if any disease referred to in subsection (1) is not brought to the attention of the commissioner or the employer or mutual association concerned, as the case may be, within 12 months from the commencement of that disease. |
| (5) | For the purposes of this Act the commencement of a disease referred to in subsection (1) shall be deemed to be the date on which a medical practitioner diagnosed that disease for the first time or such earlier date as the Commissioner may determine if it is more favourable to the employee. |
[Section 65(5) substituted by section 37(c) 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]
| (6) | The provisions of this Act regarding an accident shall apply mutatis mutandis to a disease referred to in subsection (1), except where such provisions are clearly inappropriate. |
[Section 65(6) substituted by section 24(b) of Act No. 61 of 1997]