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

Regulations

Regulations relating to Prescription under the Compensation for Occupational Injuries and Diseases Act, 1993

2. Application of the prescription period

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(1) The provisions of these regulations shall apply to all occupational accidents and diseases claims, including death arising out of occupational injuries and diseases.

 

(2) The provisions of these regulations shall include all accidents which occurred and all diseases which were diagnosed prior to the effective date in terms of the proclamation of Act 10 of 2022; and includes death arising out of occupational injuries and diseases.

 

(3) Claims reported in terms of sections 38, 39, 43, 44, and 65 shall prescribe 3-years after the date of accident or date of the diagnosis of occupational disease or date of treatment in terms of section 73(3).

 

(4) Claims for Domestic Employees shall be considered retrospectively to 27 April 1994, whether they were reported or not, however, such claims must be reported in the prescribed manner to the Compensation Commissioner within three (3) years from the effective date in terms of the proclamation of Act 10 of 2022.