South African Companies That Mandate Vaccination Are Required to Compensate Employees if they get Side Effects

South African Companies that require their employees to be vaccinated with the Covid-19 vaccine will have to compensate those employees if they get side effects.

A notice published in the Government Gazette on October 22 focused on an amendment covering compensation for employees for injuries, illness or deaths that resulted from the Covid vaccine. This notice was published in terms of section 6A (b) of the Occupational Injuries and Diseases Compensation Act 130 of 1993, as amended.

The compensation fund will only cover employees where an employee is required by the employer to receive the vaccination as an inherent requirement of employment or where vaccination is required on the basis of the OHS risk assessment done by the employer.

You can download a copy of the Government Gazette here:  http://www.gpwonline.co.za/Gazettes/Gazettes/45358_22-10_EmploymentLabour.pdf 

Here is the Text:

NOTICE ON COMPENSATION FOR COVID-19 VACCINATION SIDE-EFFECTS PUBLISHED IN TERMS OF SECTION

6A(b) OF COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993 AS AMENDED

Please take notice that the Compensation Fund will cover will cover employees for injuries, illness or death as a result of receiving a Covid-19 vaccine, only where an employee is required by the employer to receive vaccination as an inherent requirement of employment or where vaccination is required based on the OHS risk assessment conducted by the employer. 

The following requirements shall apply: 

1. The vaccination must be regarded as an inherent requirement of the job as determined by the employer’s risk assessment;
2. The employee must have been vaccinated with SAHPRA-approved Covid-19 vaccin
3. Evidence must be provided of the employer’s Risk Assessment and Vaccination Plan as set out in paragraph 3(1)(a)(i)(ii) and (b) of the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces dated 28 May 2021;
4. The chronological sequence between the vaccine inoculation and the development of symptoms and clinical signs must be provided; 
5. The employee must have presented with symptoms and clinical signs that are generally recognised as side effects of Covid -19 vaccine; and 
6. Additional tests may be required to assess the presence of abnormalities of any organ affected. 

Take further notice that the claims will be adjudicated and compensation will be determined and paid in terms of the Act and the Guidelines of Compensation Fund. 

Nota Bene: This Notice must not be interpreted to establish any law, regulation or rule that employers may subject their employees to vaccine inoculation against their will.

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