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Country analysis > South Africa Last update: 2019-10-11  
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Committee reports of the Taylor Committee into a social security system for South Africa.

Committee Report No 11: Coverage against employment injuries and diseases
[Download complete document - 133Kb ~ 1 min (35 pages)]


Table of contents

11.1. Introduction
11.2. Fragmented statutory framework
11.3. Overview
11.4. Employee protection and employer interests
11.5. International standards
11.6. Policy initiatives
11.7. Preventative measures
11.8. Re-integration
11.9. Benefits
11.10. Exclusionary nature
11.11. Commuting injuries
11.12. Defining accidents and diseases
11.13. Access and detection
11.14. Employees suing employers civilly?
11.15. Cost and funding of scheme
11.16. Administration, review and appeal
11.17. A long-term view: An integrated accident compensation system?
11.18. Conclusion
11.19. The road accident (fund) insurance and social security
  11.19.1. Introduction
  11.19.2. MVA/RAF: The nature of the social security system
  11.19.3. The South African experience
11.20. Damages payable in terms of the RAF act
  11.20.1. Introduction
  11.20.2. The purpose of compensation
  11.20.3. The term “damages”
  11.20.4. The Basic Principles of Delictual Compensation
11.21. Procedural requirements
  11.21.1. Substantial compliance
  11.21.2. Structure of the RAF
  11.21.3. Repudiation of a claim
11.22. Financing
11.23. Other relevant legislation
  11.23.1. Apportionment of Damages Act, 1956
  11.23.2. Compensation for Occupational Injuries and Diseases Act, 1993
11.24. The white paper on the road accident fund: Important features
  11.24.1. Introduction
  11.24.2. Benefits, not compensation
  11.24.3. Coverage
  11.24.4. Prescription
11.25. Shortcomings in the current system
11.26. Some reflection on medical expenses
11.27. Prevention and rehabilitation
11.28. Adjudication mechanisms
11.29. The right to claim civilly from the wrongdoer
11.30. A single system for COIDA and RAF?
  REFERENCES - 17Kb < 1min (2 pages)
  ENDNOTES - 27Kb < 1min (4 pages)
 


Introduction


The introduction of insurance schemes for occupational injuries and diseases is a response to the peculiar nature of the problem of work-related accidents and diseases. The common law, which premises liability on the principle of fault, is ineffective in the said circumstances. Therefore, a particular form of liability (delictual in casu) for any civil compensation claim against the employer is replaced by insurance coverage. It is thus correct to view this responsibility of the employer to compensate as a case of “strict liability”. Employees make their labour potential available to the employer (who benefits from the economic process). Also, at common law employers bear the responsibility of providing safe and healthy working conditions. It follows that the responsibility for financing the insurance scheme is the employer’s.

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