In terms of COIDA 130 of 1993...

1. an injured employee may claim both patrimonial and non-patrimonial loss from the Director-General.

2. the balance of the loss suffered and not recoverable from the Director-General may be claimed from the responsible third party.

3. an employee may only claim from the Director-General for all injuries caused by an accident in the workplace.

4. an injured employee must prove negligent conduct on the part of the employer to succeed with a claim against the Director-General.