How good a shop steward are you on COIDA?
Coida is the law that pays out workers who are injured at work, or who pick up occupational diseases at work.Now read ZJ Tekana's story from Dimbaza Foundries in King Williamstown and see what advice you would have given him.
On August 19 2005 Tekana was cut by a blade in a machine at work and his left forearm had to be amputated below his elbow.He was off work for three months.
When he was back at work he received a letter from the Compensation Commissioner to say that he would get compensation of temporary total disablement for the period 2005/8/19 to 2005/12/31 of R1 459,71.
It also said "you have suffered no permanent disablement as a result of the accident consequently no further compensation is payable."But he was not happy with his payout and approached his local office. What would your advice have been? Read Schedule 2 and Schedule 4 to find out what he should have been paid. Check your answer below.
Schedule 2
Injury
Percentage of permanent disablement
Loss of two limbs
100
Loss of both hands, or of all fingers and both thumbs
100
Total loss of sight
100
Total paralysis
100
Injuries resulting in employee being permanently bedridden
100
Any other injury causing permanent total disablement
100
Loss of arm at shoulder
65
Loss of arm between elbow and shoulder
65
Loss of arm at elbow
55
Loss of arm between wrist and elbow
55
Loss of hand at wrist
50
Loss of four fingers and thumb of one hand
50
Loss of four fingers
40
Loss of thumb – both phalanges – one phalanx
2515
Loss of index finger – three phalanges
two phalanges one phalanx
1085
Loss of middle finger – three phalanges
two phalanges one phalanx
864
Loss of ring finger – three phalanges
two phalanges one phalanx
653
Loss of little finger – three phalanges
two phalanges one phalanx
432
Loss of metacarpals – first, second or third (additional) – fourth or fifth
42
Loss of leg – at hip
between knee and hip below knee
7045 to 7035 to 45
Loss of toes – all – big, both phalanges\ – big, one phalanx Toes other than big toes: – 4 toes – 3 toes – 2 toes – 1 toe
1573
7531
Loss of eye – whole eye – sight – sight except perception of light
303030
Loss of hearing – both ears – 1 ear
507
Total permanent loss of the use of a limb shall be treated as the loss of the limb. Any injury to the left arm or hand, in the case of a left-hand employee, to the right arm or hand, may in the discretion of the Director-General be rated at ninety per cent of the above percentage. If there are two or more injuries the sum of the percentages for such injuries may be increased at the discretion of the Director General.
Schedule 4 from COIDA – How to calculate compensation:
Item
Section in COIDA
Nature and degree of disablement
Nature of benefits
Manner of calculating benefits
1
47(1)(a)
Temporary total disablement
Periodical payments
75% of an employee's monthly earnings at the time of the accident to a maximum compensation of R10 481,25 per month.
2
49(1)
Permanent disablement of 30%
Lump sum
15 times the monthly earnings of the employee at the time of the accident to a maximum and a minimum of compensation of R117 450 000 and R22 923 000
3
49(1)
Permanent disablement of less than 30%
Lump sum
An amount which bears to a lump sum calculated under item 2 the same proportion as the degree of permanent disablement to 30%
4
49(1)
Permanent disablement of 100%
Monthly pension
75% of an employee's monthly earnings at the time of the accident subject to a maximum and minimum compensation of R10 481,25 and R1 146,15
5
49(1)
Permanent disablement of less than 100% but more than 30%
Monthly pension
A monthly pension which bears to a pension calculated under item 4 the same proportion as the degree of permanent disablement to 100%
6
54(1)(a)
Fatal
Lump sum
Twice the employee's monthly pension that would have been payable to the employee under item 4 had he been totally permanently disabled.
7
54(1)(b)
Fatal
Monthly pension
40% of the monthly pension that would have been payable to the employee under item 4 had he been totally permanently disabled.
8
54(1)©
Fatal
Monthly pension
20% of the monthly pension that would have been payable to the employee under item 4 had he been totally permanently disabled, to each child.
9
54(1)(e)
Fatal
Lump sum
Percentage dependence as portion of R28 680
10
54(2)
Fatal
Funeral costs
A reasonable amount for funeral costs to a maximum of R8 316,00 or the actual amount, whichever is the lesser.
ANSWER:After Numsa complained, the Compensation Commissioner admitted that Tekana had suffered 55% permanent disablement for the loss of half of his arm and said that he would get paid a monthly pension from January 1 2006.
Source
Numsa News