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Compensation for Occupational Injuries
Section 22. Right of employee to
compensation
(1) If an employee meets with an
accident resulting in his disablement or death such employee or the dependants
of such employee shall, subject to the provisions of this Act, be entitled to
the benefits provided for and prescribed in this Act.
(2) No periodical payments shall be made in
respect of temporary total disablement or temporary partial disablement which
lasts for three days or less.
3) (a) If an accident is attributable
to the serious and wilful misconduct of the employee, no compensation
shall be payable in terms of this Act, unless-
(i) the accident results in
serious disablement; or
(ii) the employee dies in
consequence thereof leaving a dependant wholly financially dependent
upon him.
(b) Notwithstanding paragraph (a) the
Director-General may, and the employer individually liable or mutual
association concerned, as the case may be, shall, if ordered thereto by
the Director-General, pay the cost of medical aid or such portion thereof
as the Director-General may determine.
(4) For the purposes of this Act an
accident shall be deemed to have arisen out of and in the course of the
employment of an employee notwithstanding that the employee was at the time of
the accident acting contrary to any law applicable to his employment or to any
order by or on behalf of his employer, or that he was acting without any order
of his employer, if the employee was, in the opinion of the Director-General, so
acting for the purposes of or in the interests of or in connection with the
business of his employer.
(5) For the purposes of this Act the
conveyance of an employee free of charge to or from his place of employment for
the purposes of his employment by means of a vehicle driven by the employer
himself or one of his employees and specially provided by his employer for the
purpose of such conveyance, shall be deemed to take place in the course of such
employee's employment.
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