I was injured on duty and then medically boarded. Why have I still not received my compensation benefits?

The long answer

Recent amendments to COIDA were made in 2022, which came into effect in a phased way starting on 1 April 2025 through to 31 March 2026. These amendments officially recognise that PTSD is an occupational disease that must be compensated. The time frame for submitting claims for occupational diseases (including PTSD) has been extended from one year to three years.

As you had already submitted your PTSD documents in 2020, you will need to prove that it is not correct that you did not report the PTSD. You must use the copies of these documents (W.CI.2, W.CI.4, medical reports) as your evidence that you did submit them in 2020, so the failure to process it was a mistake on their part, not on yours. You must also resubmit the Proof of Medical Boarding from 2022.

Not only that, but you will need to file a formal objection to their failure to pay your benefits, using Form W.G.29, even though it is late.

You must also write a letter explaining why the objection is late. This is called a request for condonation of late submission. Explain that the delay was due to the department not processing it, not a failure on your part to submit the PTSD documents. You must attach all your evidence showing that the PTSD was reported in 2020 and that you were medically boarded in 2022. Take all this to a Department of Employment and Labour Office, rather than sending it to the Compensation Fund by email because they can help to escalate your objection. 

Because it has been some years since you were boarded, I think you should get some legal help and advice to deal with the Compensation Fund. A lawyer who specialises in COIDA can argue that the claim should be reopened. 

You could take all your documents and ask Legal Aid for assistance. They are a means-tested organisation that must assist people who can’t afford a lawyer.

These are their contact details:

• Legal Aid

Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 

Please Call Me: 079 835 7179

Email: communications2@legal-aid.co.za

Wishing you the best,
Athalie