If one of your employees has an accident at work tomorrow, would you be ready to respond to the accident in compliance with the latest amendments stipulated in the Compensation for Occupational Injuries and Diseases Act (COIDA)?

Recent amendments have reshaped the manner in which employers should deal with an injury on duty (IOD) or an occupational disease, as well as the financial consequences associated with non-compliance.

Here is what you need to know:

The 2026 COIDA Amendments

• Criminal penalties are now financial penalties. Employers reporting a workplace accident late or incorrectly, will face a penalty of approximately 10% of the actual or estimated annual earnings for that particular year. In some cases, a penalty may be equal to the full compensation amount payable plus interest to the injured employee.
• Transport to commute to and from work are now covered. This refers to employers who offer transport to employees to commute to and from their workplace. This transportation is deemed to commence when the employee reaches the designated pick-up point and to end only once they arrive at the drop-off point.
• Wilful misconduct does not influence the compensation paid. Employees now have the right to claim compensation regardless of whether wilful misconduct attributed to the workplace accident occurring.
• Employees are no longer limited to 12 months to bring a workplace accident to the Commissioner’s attention. This period has been extended to 3 years from the date of the accident after which the right to compensation lapses. Employers should therefore keep records accordingly.
• Post-traumatic stress disorder (PTSD) is officially recognised as an occupational disease and thus must be treated as such.
• Employers now have a statutory obligation to support and contribute to clinical, social and vocational rehabilitation for injured employees recovering from an injury on duty or occupational disease and, essentially, to assist them to return to work.
• Inspectors are granted the right to enter the workplace and question staff, review documents and issue compliance orders.

A common pitfall for employers

A common mistake employers make is to think that an incident does not qualify as an IOD due to the employee being at fault or negligent. However, COIDA operates on a no-fault principle, meaning that an employee who suffers a workplace injury, contracts an occupational disease, or dies from a work-related incident is entitled to compensation regardless of who caused the accident. Employers still have the duty to report regardless of whether the employee was at fault. The focus is thus placed on whether the incident arose out of and in the course of the employee’s employment and whether the individual qualifies as an “employee” under the Act.

In the matter of Bent v Rand Mutual Assurance (Pty) Ltd (2025):

An employee fell on the employer’s premises while she was leaving the building after completing her working day. Her claim was initially rejected on the basis that she was not performing her work duties at the time of the incident. However, the High Court found that the injury had nevertheless occurred in the course of, and therefore arose out of, her employment. The court emphasised that COIDA should be interpreted in a manner that is favourable towards employees.

The key takeaway for employers: Activities closely connected to employment, such as moving to and from a workstation, may still fall within the scope of employment and thus be covered by COIDA even when an employee is not performing their work duties at the time of the incident.

 Deadlines that employers should not miss

• WCL 2 (Employer’s report of an accident) should be submitted via CompEasy within 7 days of learning of an injury.
• WCL 1 (Employer’s report of an occupational illness / disease) should be submitted via CompEasy within 14 days of becoming aware of the illness / disease.
• Incidents should be logged in the employer’s OHSA incident register.
• Employers should keep record of the full incident details, including any medical forms, for at least 3 years.
• Letter of Good Standing should be valid and renewed annually.

Type of leave and pay

1. If an employee is booked off for 3 days or less: no compensation will be payable by the Fund; the employee uses sick leave (or special leave by agreement if sick leave is exhausted).
2. If an employee is booked off for more than 3 days: the employee utilises IOD leave and the employer pays 75% of the employee’s monthly earnings for up to 3 months, after which the Fund will pay the employee directly.

The cost associated with reporting an IOD incorrectly or inaccurately has gone up significantly and can place significant financial strain on employers, now more than ever.

Should you be an employer who needs a step-by-step employer guide on how to treat an IOD to ensure compliance, get in touch with our team & we will be happy to assist.

Article written by Cherise van Duyker