Do I need to register for Workmen’s Compensation?
- Oct
- 28
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.
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.
if someone works for a sports club (they only have a PBO number and not registered as an NPO), can / must they register for workmens compensation
Hi
Any entity that employs permanent staff needs to register with the Compensation Fund.
For details on how to register visit https://www.gov.za/services/compensation-fund/register-compensation-fund
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?
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.
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
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.
I want to register a pty, i have no employees but i have to agree to compensation fund and uif terms and conditions. I am not drawing a salary as yet. Kindly advise.
Hi
Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote discuss your requirements to register an entity and the costs involved.
I want to apply workmen’s competition >online
Hi
COIDA – Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote you for assistance in attending to the registration.
I want to apply workmen’s compensation..>online
Hi
COIDA – Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote you for assistance in attending to the registration.
If someone is a professional doctor works on commission only as an Independant practitioner do they need to be registered as employee?
Hi
COIDA – Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote you for assistance in attending to the registration.
Hello. Are government employees allowed to claim from the compensation fund? My sister who was a government employee was murdered as a result of her job. Can her daughter claim on her behalf? Thank you.
Hi
The Compensation for Occupational Injuries and Diseases Act allows for anyone who is employed under a contract of service and receives wages, or salary on a weekly or monthly basis may claim compensation in terms of the Acts.
Dependants of an employee who is fatally injured can also claim compensation.
Please call their call centre on 0860 105 350 directly for further queries.
Good day, We are a church and have eight employees.
1. Must we register as with the WCF.
2. We do not have an registration certificate as we are none profit. Can I send the Church Resolution.
3. On who’s ID number do I do the registration.
Can you please help me on clarity.
Hi
It is mandatory for all employers to register with COIDA. Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote you for assistance in attending to the registration and to discuss your other concerns.
Hi I am a pensioner and have a domestic and a gardener that work for 2 days a week.
Do I need to register them for the compensation fund?
Hi
Yes, you are required to register them for OID according to the Act.
hi there, if a person has a business and does not employ any staff as they still starting do the need to apply / register, if not where do we find this legislation?
Hi
All employers who employ one or more workers in connection with their business or farming activities are required to register with the Compensation Fund. An “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 profit
Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote you for assistance in attending to the registration and to discuss your other concerns.
Good day, if you are a owner of a pty,drawing a salary and have an employee, do you have to use your salary along with the employee on wca or can it only be the employee?
Hi
Thank you for your enquiry.
It is mandatory for all employers to register with COIDA on all employees – anyone who employs one or more part- or full time workers must register with COIDA. Please contact us at mdacc@mdacc.co.za to arrange for a consultation in order to quote you for assistance in attending to the registration and to discuss your other concerns.
Do Sheltered Disability centers registered as NPO and is except from SARS section 18A, Must they register for Workmen’s com, and do the NPO board members that are working in the NPO register for workman’s com.
Hi if I have a domestic who works one day per week would I need to register them for workmen’s compensation and UIF? They work less than 24 hours per month.
Thank You