Recent amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) took effect on 23 January, 1 February, and 1 April 2026. Employers should take note of the following key changes:

Duty to report Before: Failure to report workplace accidents within seven days was technically a criminal offence, but rarely enforced. Now: Non-compliance carries heavy financial penalties — late reporting seems to automatically result in a penalty of 10% of the injured employee’s annual earnings, but may in certain circumstances result in a penalty equal to the full compensation amount payable to the employee, plus interest. (Sections 39(6), 39(8))

Wilful misconduct Before: Employees could forfeit compensation if the accident was due to their serious and wilful misconduct. Now: Employees retain the right to claim compensation regardless of misconduct. (Section 22(3))

Transport and training Before: Coverage was limited to certain employer-provided transport scenarios. Now: Broader protection applies to all employer-arranged transport, pick-up/drop-off points, and work-related training. This may shift claims from the Road Accident Fund to COIDA. (Sections 22(5), 22(bA), 22(6))

Expanded definitions Before: PTSD was not recognised as an occupational disease; compensation was more narrowly defined; domestic workers excluded. Now: PTSD is recognised, “compensation” includes medical costs, care allowances, and funeral expenses, and the definition of “employee” extends to labour broker staff and domestic workers. (Section 1)

Rehabilitation Before: Rehabilitation was not a statutory obligation. Now: The Compensation Fund must provide clinical, vocational, and social rehabilitation services. Employers who participate may qualify for rebates. (Section 16, Section 70A)

Prescription period Before: Claims had to be lodged within 12 months of the accident. Now: Employees have three years to submit claims. (Section 44)

Inspection and enforcement Before: No formal inspection framework existed specifically for COIDA. Now: Inspectors may enter workplaces, review records, question staff, and issue compliance orders. Non-compliance can lead to fines. (Chapter XA, Sections 93A–93F)

Other amendments There are also several administrative and governance changes that are of lesser direct impact on employers.

A copy of the Compensation for Occupational Injuries and Diseases Amendment Act, 2022 is available at https://labourwise.co.za/wp-content/uploads/2026/05/COIDA-Amendment-Act10-of-2022_w.e.f.-2026.pdf

Written by Labourwise