Permanent disability in black mineworkers. A critical analysis.

Two-thirds of all occupational permanent disabilities among black workers in South Africa occur in the mining industry. Comparison of compensated permanent disability cases shows that the incidence of permanent disability among black mineworkers is several times higher than that in any other South African industry. Most permanent disabilities sustained in mining fall into the category of 1-5% disability. Trends in the incidence of permanent disability are examined and compensation for disabled black mineworkers is investigated. The basis of workers' compensation legislation involves workers giving up their common-law right to litigate for losses owing to occupational injuries (including pain and suffering) in exchange for guaranteed protection against income losses. However, the evidence suggests that compensation generally does not redress income loss. Most disabled black miners receive compensation payments that are lower than poverty datum levels and high rates of inflation rapidly erode their real value. Since many black workers are repatriated after a disabling accident, the issue of employment becomes crucial. The problems highlighted suggest that compensation legislation requires reform to ameliorate the difficulties faced by disabled black miners and recommendations are made.