Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)RegulationsRegulations relating to the Rehabilitation, Reintegration, and Return-to-work of Employees who sustained occupational injuries or contracted occupational diseases under the Compensation for Occupational Injuries and Diseases Act, 199319. Benefits and costs provided for under Rehabilitation |
| (1) | The rehabilitation benefits provided in this sub-regulation consist of the following: |
| (a) | clinical rehabilitation for the physical, cognitive, sensory and psycho-social recovery of the employee and to reduce or remove any physical or functional limitations resulting from an occupational injury or disease; |
| (b) | vocational rehabilitation, as far as it is necessary to assist an employee in preserving, obtaining or regaining employment through vocational counselling, re-skilling/up-skilling, advice on altering the work environment, adjusting and enhancement of tools of trade; |
| (c) | agreed social rehabilitation, as far as it is necessary to assist in restoring an employee’s independence and social integration to the maximum extent practical; and |
| (d) | the provision of assistive devices and assistive technology as part of an agreed return-to-work and social reintegration plan. |
| (2) | The following costs of Rehabilitation are covered:— |
| (a) | for clinical rehabilitation, social rehabilitation, and assistive devices & technology for the beneficiaries with permanent and/or temporary total disablement, as contemplated in sub-regulation (1), shall be borne by the Compensation Fund, Licensee, and/or employer individually liable as far as it is deemed necessary, including the costs of supplying, maintaining, and repairing Assistive Devices and Technology which have been issued in accordance with the guidelines and costs as published annually in the government gazette; |
| (b) | the non-clinical vocational rehabilitation costs for the unemployed beneficiaries with permanent disablement shall also be borne by the Compensation Fund, or Licensee, as mandated by the specific vocational rehabilitation plan designed for each beneficiary. This includes, amongst others, Vocational Training; and |
| (c) | the costs of non-clinical vocational rehabilitation for employees who returned to work, as contemplated in sub-regulation (1), shall be borne by the employer and the employer individually liable for participating in the rehabilitation, reintegration and return to work of employees. This includes covering the costs of reasonable accommodation and any vocational rehabilitation measures undertaken to support the employee's return-to-work, including, amongst others, Vocational Training. |
| (3) | The provision of rehabilitation benefits contemplated in sub-regulation (1) and the resumption of work by an affected employee does not disentitle or disqualify the employee from receiving compensation benefits which would otherwise be payable under this Act. |
| (4) | Notwithstanding sub-regulation (3), the Commissioner may adjust any compensation benefits to a level or levels deemed equitable if the affected employee resumes work or permanent disablement improves or deteriorates based on a rehabilitation plan developed in terms of this regulation. |