Do I need to register for Workmen’s Compensation?

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.

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14 Responses so far.

  1. agna says:

    Please give me a call … after 14h00

    • MDACC says:

      Hi

      Thank you for your message.

      We are unsure what this means – please rather contact our offices on 021 683 4834.

  2. Linda says:

    Do you need to register for COID if all your employees work from home?

  3. Vanessa says:

    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?

    • MDACC says:

      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).

  4. Abdul Wadud says:

    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?

  5. Accounts & Admin Resolved says:

    If a company has not registered for COID and does so now, will they be required to back pay any number of years ?

  6. Philippa says:

    If you are a sole proprietor per the above you are not an employee, however when submitting online the “Directors remuneration” block may not be left blank. An error message “Directors Earnings cannot be zero or less” appears. Can we simply submit a value of R1 so that the return can be submitted? What do you suggest?

  7. Anno says:

    If the company you work for does not have WCA and you then get hurt. Can they force you to for example do jobs with their Cars/Bakkies or can you for your own safety refuse to do that and if you have a note saying you are not allowed to.

  8. I am the sole member of a CC.
    I work from home. I write business plans for customers who find me online. I dont even see clients at home. do I have to register for WWC

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