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.