The Department of Labour recently released a communication that addresses how the Compensation Fund will cover employees for illness, injuries, or even death, as a result of an employee receiving the COVID-19 vaccine.

There are however a few important items to take note of before any compensation will be applicable:

• The vaccine must have been mandatory due to the employer’s requirement as a result of a risk assessment having been done;
• The employee must have been vaccinated with an approved vaccine i.e. as approved by SAHPRA;
• The employee must provide the proof of the employer’s risk assessment and vaccination plan – i.e. as defined in para 3(1)(a)(i)(ii) and (b) of the Consolidated Directions on Occupational Health and Safety Measures (in certain workplaces) – dated 28 May 2021;
• The order of events – i.e. between receipt of the vaccine, the development of symptoms and clinical signs must be supplied;
• The employee must clearly show symptoms and clinical signs that are ordinality recognized as side effects of the COVID-19 vaccine;
• COID may request additional tests to be done to assess the presence of any abnormalities of any organ that may have been affected;  

As per the usual process, any claim will go through adjudication and any resulting compensation that is determined will be paid in terms of both the Act as well as the guidelines as defined by the Compensation Fund.

See the notice here for further information.