In an important move, critical amendments to the Compensation for Occupational Injuries and Diseases Act (‘COIDA’), introduced through the Compensation for Occupational Injuries and Diseases Amendment Act (‘the Amendment Act’), are now in effect following a recent proclamation by President Ramaphosa.
Intended to enhance the framework governing the provision of compensation to employees, or their dependents, in the event of disablement or death caused by work-related injuries or diseases, COIDA’s amendments materially affect employer compliance obligations, reporting duties, and post-injury workforce management responsibilities. While most of the revised provisions are now in effect, the remaining amendments are scheduled to commence on 1st April 2026.
Notable amendments currently in force
To improve the interpretation and operational reach of the Act, various definitional updates to section 1 of COIDA are now in force, including amended or expanded meanings of terms such as ‘accident’, ‘dependent’, ‘employer’, ‘occupational disease’, ‘rehabilitation’, and ‘compensation’. Critically, post-traumatic stress disorder (PTSD) is now expressly recognised for compensation purposes.
Most notably, the statutory meaning of injuries sustained during the course of employment has also been broadened to encompass work-related training activities and travel to and from work where employer-provided transport is used. In addition, compensation is no longer excluded solely because an accident arose from an employee’s serious and wilful misconduct.
From a procedural perspective, accident and occupational disease notices, medical reports, and compensation claims, among other items, will now be submitted to the Compensation Commissioner, not the Director-General. The Compensation Commissioner is accordingly empowered to prescribe reporting rules and initiate inquiries.
Significantly, the prescription period for lodging compensation claims has been extended from 12 months to three years from the date of the accident, which heightens employers’ potential liability and necessitates document retention.
In a clear bid to enforce compliance, the amended regime introduces an inspectorate with powers to enter and inspect workplaces, require the production of relevant documents or records, and issue compliance orders, which may be made enforceable through the Labour Court where not complied with.
The Amendment Act also introduces a formal rehabilitation and reintegration framework. Accordingly, employers may now be required to participate in return-to-work processes for employees recovering from occupational injuries or diseases.
Amendments effective 1st April 2026
In line with the Proclamation’s staggered commencement dates, a system of administrative sanctions replaces criminal penalties from 1st April 2026. To that end, certain omissions by employers will be penalised for non-compliance in place of criminal prosecution. These include:
- Late or incomplete accident reporting;
- Unlawful deductions from employee compensation;
- Failure to pay the initial three months of temporary disability compensation where applicable; and
- Failure to retain earnings and employment records, in manual or electronic form, for at least five years.
In a welcome move, employers who actively support the rehabilitation of temporarily disabled employees may qualify for an assessment rebate.
Key consequences for employers
On assessment, the amended provisions are designed to strengthen COIDA compliance. For this reason, it is essential for employers to urgently re-evaluate their policies and procedures to manage compliance risk and limit liability. Crucially, employers are advised to reassess accident reporting procedures, record-keeping systems, transport and training-related risk exposure, and internal return-to-work or rehabilitation support processes to minimise disputes, administrative sanctions, and reputational damage.
For sound legal guidance with navigating these statutory updates, contact our experienced team today.
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