FAQ – Frequently Asked Questions
What does it mean if a claim has a claim number?
The Compensation Fund issues a claim number as soon as a claim is lodged with them, this does not mean that they have accepted for liability of payment as yet.
What do I do if I am unsure if a claim is acceptable in terms of the COID Act.
Contact us immediately!
What is our Vision Statement ?
By ensuring a long term relationship with the client by putting the clients needs first.
By ensuring quality sevices and undertaken to executed within the agreed time.
What is a Letter of Goodstanding (LOGS)?
A letter of good standing is issued by the Compensation fund to state that the business is currently registered and does not owe the fund any money.
Can a letter of good standing be obtained without being registered with the Compensation Fund?
a Business must be registered with the Compensation Fund, before a letter of good standing can be obtained.
Who must get a Letter of Goodstanding?
Employers who hire contractors, must get a letter of good standing from the contractor which proofs that the contractor is registered with the Compensation Fund and they complied with the COID Act and is at present in good standing with the Compensation Fund.
What services do we render?
Everything regarding Compensation Fund issues i.e. Assessments and claims.
What are our fees?
Our fees differs, depending on services that has been delivered. We also offer a monthly retainer contracts, depending on needs.
What is the Regulation regarding the Issuing of a Letter of Goodstanding?
REGULATION REGARDING THE ISSUING OF
A LETTER OF GOOD STANDING
The Minister of Labour has in terms of section Of Compensation for Occupational Injuries and Diseases Act, 1993(Act no130 of 1993) as amended made regulations.
In the regulation, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned, and the Act means the Compensation for Occupational Injuries and Diseases Act, 1993(Act no130 of 1993) as amended:
A letter of good standing means a formal document issued by the Compensation Commissioner confirming that the employer is in compliance with the Act which means that they have registered with the Compensation Fund and is not owing or alternatively has made arrangement to repay money owed to the Compensation Fund for assessment.
Return of earnings means the earnings actually paid by an employer in respect of a particular period in respect of a particular employee.
Earnings means the remuneration of an employee at the time of the accident or the commencement of the occupational disease as calculated in terms of the Act.
Assessment means as assessment made in terms of Section 83
The issuing of a letter of good standing to registered employers is regarded as a tool which enables the Compensation Fund to achieve the following:
2.1 To compel the employer to comply with the Act; by registering with the Fund and paying the required assessments and;
2.2 To promote the vision of Department of Labour relating to employment standards and economic growth
- LEGISLATIVE MANDATE
3.1 Compensation for Occupational Injuries and Diseases Act, 1993(Act no130 of 1993) as amended. In particular Section 3,4,39,47,80,82,83,86,89(1)(a) and(b)
3.2 The public Finance Management Act.
Section 38©, 44 and 51 read with Section 57.
- CRITERIA FOR ISSUING LETTER OF GOOD STANDING
4.1 A letter of good standing will be issued under the following circumstances:
4.1.1 Where an employer has requested in writing to be issued with a Letter of good standing. That written application is on a business letter head with clear details of the employer and is signed by the employer.
4.1.2 Where the employer has requested the letter of good standing through an agent/representative who is in possession of a power of attorney and the agent or representative have completed the application.
- The employer must be registered with the Fund as required by Section 80.
- The employer must have submitted all returns of earnings as required by Section 82.
4.1.5 The employer must be fully assessed as required by Section 83.
4.1.6 The full amount in respect of the assessment or the payment of the installments has been and is being honoured as required by Section 86.
4.1.7 When an employer is not in breach of reporting claims and is not failing to pay injured/diseased employees’ salaries as required by Section 47.
4.1.8 When the employer has paid his/her assessment in full for the previous year and applied for an outstanding letter of good standing before 31 March.
5 REQUIREMENT FOR A VALID LETTER OF GOOD STANDING
5.1 Only a system generated letter of good standing is regarded as valid.
5.2 Only an official duly authorized by the Manager: Revenue will issue letter of good standing.
The letter of good standing shall be issued within five (5) working days of receipt of a valid application.
This regulation will be effective as at the time of publication hereof.
DATE: 21 DECEMBER 2012