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What is an Exempted Employer?
Otherwise and more accurately known as an Employer Individually Liable, these are organs of state which, in essence, pay their own workers compensation benefits. They fall into two main groups:
- National Government: although liable for their own expenses, national government's Injury on Duty claims are processed and paid for by the Compensation Fund. The Compensation Fund recovers the costs after the financial year from national treasury; and
- Provincial government, some municipalities, SAPS, Correctional Services and SANDF: This group refers their claims to the Compensation Fund for adjudication but they pay all expenses from their own offices.
It is the second group's claims and medical claims that this site deals with.
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What is this site's relationship with the Funders?
This site is a service to the funders to help reduce their workload dealing with telephonic enquiries.
The operators of this site have no financially-based relationship with the relevant funders but we can facilitate the communication of recommendations to the various funders if we receive sufficient requests.
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How is the CC's Office connected with Exempted Employers?
The Compensation Act, 130 of 1993 governs all workers compensation matters in South Africa and it is administered by the Department of Employment and Labour (through the Compensation Commissioner / DG).
The Commissioner (or DG) delegates certain powers to the various funders.
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Can anyone become an Exempted Employer?
No, only certain employers can be exempt from paying assessments to the Compensation Fund but most of those employers will be insured by the RMA or FEM ("Licensees" in terms of the COID Amendment Act).
Only municipalities may cancel their exemption, the other self-insured institutions may not.
Note that any accidents that take place when an employer is exempt remain the financial responsibility of the employer even after the employer cancels the exemption (if that happens).
This means that you may treat an employee of a particular municipality today and have to send the claim to the Employer and treat another employee of the same employer tomorrow and find that the invoice must go to the Compensation Fund (although this is extremely rare)
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Can an Exempted Employer be Exempted and not Exempted at the same time?
In theory definitely not but, in practice, it may appear so.
For example, a teacher at a public school may be employed by the provincial department of education and her claim will be dealt with by that province (subject to the relevant delegated authority) but one of her colleagues may be employed by the school governing body which is a separate and private employer, in which case his claim must be reported to, and dealt with by, the Compensation Fund.
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Why can't we get this site's information from the CC's Office
It is possible to get all the information you require about who is exempt and who isn't from the Compensation Fund.
However, because the Compensation Fund does not process the medical accounts from exempted employers who pay their own accounts (i.e. not the national state departments), it is therefore not possible for them to give providers any information about exempted employer claims.
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Are policy holders of RMA and FEMA Exempted Employers?
Yes, they are exempt from paying assessments to the Compensation Fund but they are not Employers Individually Liable.
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Is the data on this website accurate and up to date?
The data on this site is uploaded from the Employers' systems daily. The information could therefore be delayed by one day. This is true of invoices that are switched. You can upload the supporting documentation the day after you switch.
Can we make suggestions to the content and layout of this site?
You are most welcome to make comments for improving the website. It will probably meet a need of many other users too.
Please click here to send us an email with your suggestions.
If possible, please also send a screenshot of the relevant page.
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Besides running a website, do you guys do any other IOD stuff?
Yes, WCA Workers Compensation Assistance has a variety of offerings. Please click the link to go to our website.