Leger J P, Arkles R S
Department of National Health and Population Development, Johannesburg.
S Afr Med J. 1989 Nov 18;76(10):557-61.
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.
在南非，黑人工人所有职业性永久性残疾中有三分之二发生在采矿业。对获得赔偿的永久性残疾案例的比较表明，黑人矿工的永久性残疾发生率比南非任何其他行业都高出数倍。采矿业中遭受的大多数永久性残疾属于1%至5%残疾类别。本文研究了永久性残疾发生率的趋势，并调查了对残疾黑人矿工的赔偿情况。工人赔偿立法的基础是工人放弃其依据普通法就职业伤害（包括疼痛和痛苦）造成的损失提起诉讼的权利，以换取对收入损失的有保障保护。然而，有证据表明，赔偿通常无法弥补收入损失。大多数残疾黑人矿工获得的赔偿支付低于贫困基准水平，而高通货膨胀率迅速侵蚀了这些赔偿的实际价值。由于许多黑人工人在致残事故后被遣返，就业问题变得至关重要。所强调的问题表明，赔偿立法需要改革以缓解残疾黑人矿工面临的困难，并提出了相关建议。
