What Employers need to know about the NEW COIDA amendments
For years, most employers associated Compensation for Occupational Injuries and Diseases Act (COIDA) with only two things:
*reporting work related accidents and
*paying annual assessments.
This is no longer enough. The 2022 amendments now shift the focus to rehabilitation, reintegration and returning inured employees to work. This creates new statutory duties for employers and it will directly impact how incapacity and ill-health cases are managed in the workplace.
Here are six (6) important change that employers need to know:
1. Rehabilitation & Reintegration
A new Chapter VIIA of the COIDA, 2022, requires employers to support injured employees in returning to work. The rehabilitation may include-
A. Clinical rehabilitation and the provision of assistive devices for the purpose of physical and psychological recovery of the employee and to reduce any disability resulting from an occupational injury or disease;
B. Vocational rehabilitation to assist an employee to maintain employment, obtain employment, regain or acquire vocational independence though retraining and redeployment; and
C. Social rehabilitation to assist in restoring an employee’s independence and social integration to the maximum extent practicable.
2. Incapacity due to Ill Health
Previously, incapacity enquiries largely focused on whether the employee can perform their job under the Labour Relations Act. Now Employers will need to demonstrate they have:
A. Engaged with Compensation Fund recommendations and rehabilitation assessments;
B. Considered phased return to work arrangements – which now includes temporary adaptations such as reduced hours, light duty, and work from home where appropriate;
C. Explored retraining and redeployment options.
D. Taken Mental health & PTSD related functional limitations seriously, not only obvious physical restrictions.
Without evidence of genuine rehabilitation and integration efforts, incapacity dismissals will be harder to defend.
3. Expansion of the term “in the course of employment”
The definition now includes:
- Training and offsite events – Accidents during training sessions, induction / onboarding programmes, off-site workshops, will form part of this definition going forward.
- Travel in Employer-provided transport – Injuries on the way to or from work in employer transport can be included in this definition going forward.
The judgement in Bent v Rand Mutual Assurance (Pty) Ltd (Appeal) 9 December 2025, the High Court also clarified something important:
that employment does not terminate the moment an employee stops working. Where an employee is still on the employer’s premises and is transversing areas that form part of the workplace infrastructure, such as staircases and exists, the employment relationship continues for the purposes of COIDA. As long as the employee is still within the employer’s premises and exposed to risks inherent in that environment, the employment nexus remains intact and does not end when an employee clocks off. 2026 Newsletters
4. “Serious and wilful misconduct” no longer automatically excludes compensation
Where an accident is linked to the employee’s serious and wilful misconduct, compensation may still be payable. This means employers may need to manage both disciplinary processes and rehabilitation / return to work obligations.
5. PTSD, Mental health and Psychological injury are now recognised
Post-traumatic stress disorder (PTSD) is now recognised as an occupational disease.
Employees may claim compensation if PTSD arises from workplace incidents such as:
*armed robberies
*fatal accidents in employer transport
*serious industrial accidents
*repeated exposure to traumatic material.
Employers should now:
• Include trauma debriefing, counselling and appropriate psychiatric care into post-incident responses.
• Train managers and supervisors to recognise signs of PTSD and other mental health conditions and to refer employees early.
• Include psychological risk in their hazard identification and risk assessments especially where employees are exposed to violence, fatalities, or disturbing content as a regular part of their duties.
• Ensure incapacity enquiries/hearings for mental health conditions are informed by appropriate clinical evidence and aligned with the Compensation Fund’s PTSD recognition and recommended rehabilitation plans.
6. Compliance and penalties is increasing
COIDA Inspectors now have the powers to:
*to conduct workplace inspections
*issue compliance orders
*and enforce compliance through the Labour Court.
From 1st April 2026, administrative penalties may apply if employers fail to:
*Report accidents correctly and on time.
*Pay the first three months of temporary disability compensation.
*Maintain employment records and earnings for at least 5 years.
The claim prescription period has also increased from twelve (12) months to three (3) years.
What should employers do now?
*Update occupational injury and return to work policies.
*Review risks around employee transport and training events.
*Implement structured rehabilitation and Return to Work procedures.
*Partner with multidisciplinary rehabilitation providers.
*Train HR, line managers and Health & Safety representatives on the amendments.
The big shift:
COIDA is no longer just about claims administration. It is about actively managing employee recovery and return to work.
Question for employers?
Do you currently have a formal Return to Work procedure in place for injured employees – or is this still handled case by case?
If you would like help implementing COIDA compliant reporting and Return to Work procedures, please feel free to reach out.
Helen 082 716 7597 or email helen@pplsolutions.co.za OR helen@synergyhr.co.za
Kevin 068 606 7013 or email kevin@synergyhr.co.za