Do I need to register for Workmen’s Compensation?
- Oct
- 28
- 2015
All employers who employ one or more workers in connection with their business or farming activities are required to register with the Compensation Fund.
WHO IS AN EMPLOYER?
All persons who employ one or more employees, in connection with their business or farming activities, organisation/ association / trust are “employers” in terms of the Compensation for Occupational Injuries and Diseases Act (the “Act”).
WHO IS AN EMPLOYEE?
“EMPLOYEE” is defined by the Compensation for Occupational Injuries and Diseases Act (COIDA) as a person who has entered into, or works under a contract of service or apprenticeship or learnership with an employer, whether the contract is expressed or implied, oral or in writing, and whether remuneration is calculated by time or work done, or is in cash or in kind and includes:
- Casual / temporary employees employed for the purpose of the employers’ business/farming/organisation’s activities.
- Working director of a Company or member of a Close Corporation/Body Corporate, who has entered into a contract of service, or of apprenticeship or learnership, in so far that the employee acts within the scope of his/her employment in terms of such contract. (Excluding shareholders or “silent partners” who are only paid dividends or sharing profits).
NB: A sole proprietor or partners in a partnership are not regarded as “employees” as contemplated by the Act and their earnings should, therefore, not be included.
Exclusions:
- domestic workers;
- people who contract for the carrying out of work but engage others to carry out the work (i.e. subcontractor);
- members of the National Defence Force and the Police Service;
- anyone on ‘service in defence of the Republic’;
- anyone performing military service or undergoing military training in the defence force are not covered by the Act.
“EARNINGS” are all payments made regularly, before any deductions, whether in money or in kind, to employees.
Please contact our offices, should you require assistance in registering your business with the Compensation Commissioner.
All material subject to our Legal Disclaimers.
Please give me a call … after 14h00
Hi
Thank you for your message.
We are unsure what this means – please rather contact our offices on 021 683 4834.
Do you need to register for COID if all your employees work from home?
Hi
Thank you for your message.
If you are unsure whether your entity (as the employer) must register for Workmen’s Compensation, please read our blog:
https://www.mdacc.co.za/index.php/do-i-need-to-register-for-workmens-compensation
HI, if a person is a sole proprietor (the only person working for ‘the company”) they are not classified as an employee. DO they still have to register for workmens comp?
Hi
A sole proprietor or partners in a partnership are not regarded as “employees” as contemplated by the Act and therefore would not need to register for OID (previously WCA).
Hi. I have a pty and have no employees. I have applied for a tender and now they are requesting a letter of good standing. do i need to register for WCA now?
Hi
If you are unsure whether your entity (as the employer) must register for Workmen’s Compensation, please read our blog
https://www.mdacc.co.za/index.php/do-i-need-to-register-for-workmens-compensation
Only once you are registered with the Department of Compensation, have attended to any necessary returns and paid any liabilities due, will they issue a letter of Good Standing – this can only be obtained on their online platform once you are registered.
If a company has not registered for COID and does so now, will they be required to back pay any number of years ?
Hi
If you are unsure whether your entity (as the employer) must register for Workmen’s Compensation, please read our blog:
https://www.mdacc.co.za/index.php/do-i-need-to-register-for-workmens-compensation
Only once you are registered with the Department of Compensation, the system will indicate the necessary returns from the date of liability to be attended to.