On The Industrial Injury Insurance Law System Of South Africa

The industrial injury insurance law system of South Africa started early, and ittransformed employer’ s tort liability insurance into industrial insurance in1930.Thefirst Workmen’s Compensation Act (WCA) was passed in1914. The industrial injuryinsurance law system of South Africa includes three parts. They are industrial injurycompensation, industrial injury rehabilitation and industrial injury prevention. Themain relevant laws contain Compensation for Occupational Injuries and Diseases Act(NO.130of1993), Occupational Health and Safety Act (NO.85of1993) and the MineHealth and Safety Act (NO.29of1996). This thesis mainly focuses on Compensationfor Occupational Injuries and Diseases system.The substantial contents are rich and varied, which mainly introduce and analyzethe treatment of industrial injury insurance, fund of industrial injury insurance,industrial injury rehabilitation and prevention and so on. South Africa adopts a broaddefinition of industrial injury, including injury accident and occupational disease. Thetreatment of industrial injury insurance is divided into three categories—disabilitybenefits, death benefits and the medical aid. According to the degree of disablement,the disability benefits are different. The scope of the dependant of an employee isvery wide. They are entitled to the death benefits. It continues even if the survivingspouse remarries. Medical aid concludes the convey cost. In workmen’s compensationand claims for damages on an employer’s vicarious liability coincidence, the thesisdissects the constitutional of the substitution of compensation for other legal remedies,by analyzing two cases (Jooste v Score Supermarket Trading Ltd and Jiya v Durbanroodepoort Deep Ltd). The carries of the industrial injury are the Broad ofCompensation Fund, Rand Mutual Assurance Company Limited and the FederatedEmployers Mutual Assurance Company. The compensation fund mainly consists ofassessments and other payments by employers, and adjusts the assessments byindustry tariffs and fluctuate tariffs, as to balance the fund and promote industrialinjury prevention. What’s more, Occupational Health and Safety Act (NO.85of1993)and the Mine Health and Safety Act (NO.29of1996) are promoting industrial injuryrehabilitation and prevention.The procedural system introduces the relevant procedure of industrial injurybenefits, dispute processing, the supervision and administration department. In SouthAfrica, the complete procedure of industrial injury is as follows: application—claims—consideration of claim—determination—objection—appeal. Ifnecessary，the Director-General may hold a formal hearing in respect of any claim forcompensation. The government designates departments to manage and supervise, andthe Board is also the main management subject. In each chapter, this article comparesthe differences between Chinese industrial injury system and South Africa’s, andevaluates them in the end of the paper by using logical analysis method.