The short answer
You can contact the Western Cape government or get some legal advice.
The whole question
Dear Athalie
My father worked at the Athlone power station in 1976 after which he was diagnosed with pleural lung disease. He received a Compensation for Occupational Injuries and Diseases (COID) payment of R4,000 a month and was also waiting for them to pay him compensation. Sadly, my father passed away in 2017, leaving my mother and his four children behind. My mother is still struggling to get money from COID as she is a pensioner. She has made numerous phone calls but nothing ever came of it. She told me that they are still busy with the case. What can I do?
The long answer
Although it apparently does take a long time to be paid compensation, three years seems a ridiculously long time, especially as your father was already receiving a monthly COID pension of R4,000.
The Western Cape government confirms that the spouse of the deceased and children under the age of 18 are entitled to Death Benefits Compensation.
Death Benefits Compensation is a lump sum payment of twice the monthly pension the deceased employee would have received for 100% Physical Disability (PD) which is 75% of the monthly wage, and after that, a monthly pension of 40% x 75% of the monthly wage, which is paid for life.
The remaining 60% is shared between surviving children under the age of 18. If there were more than three dependent children they would all share equally in the pension up to 60%. When the oldest child reaches 18 years old, the pension is paid to the remaining dependent children up to a maximum of 20% each.
The Western Cape government gives these contact details:
Email: cfcallcentre@labour.gov.za or cfenquiries@labour.gov.za
You can also register online on the Department of Labour's eCOID- Compensation made easy system for online claims.
Email: wc.customercare@labour.gov.za
But if your mother has been trying unsuccessfully to get them to act on her claim, it may be a good idea to get some legal help or advice.
She can get free paralegal advice from The Black Sash here:
Helpline: 072 66 33 73
Email: help@blacksash.org.za
Or free legal advice from ProBono lawyers here:
Address: 57 Strand St, Cape Town City Centre, Cape Town, 8000
She should have all the documents that she submitted for the Death Benefits Compensation with her when she speaks to the lawyers or paralegal people.
Wishing you the best,
Athalie
Answered on Jan. 19, 2021, 5 p.m.
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