Legal updates and opinions
News / News
Notice on compensation for occupationally-acquired novel corona virus disease (COVID-19)
by Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney
On 23 March 2020, the Compensation Commissioner published, by way of Government Gazette, a ‘Notice on Compensation for Occupational-Acquired Novel Corona Virus Diseases (COVID-19) (“Notice”). The Notice came into effect on 23 March 2020. In order to qualify, the occupational acquired COVID-19 disease (“OACD”) must have been contracted by an employee in the course of his or her employment.
To be diagnosed an OACD it must be shown that infection occurred following occupational exposure to a known source of COVID-19. There must be a reliable diagnosis of COVID-19, as per the World Health Organisation (“WHO”) guidelines. Exposure could have resulted from an approved work trip and travel history to countries and / or areas of high risk for COVID-19 on work assignment or a presumed high risk work environment where transmission of CVOID-9 is inherently prevalent. It must be shown, chronologically, that the development of symptoms followed the work exposure.
The “very high risk occupations” include healthcare workers, ‘high risk exposure occupations’ include healthcare delivery and support staff), ‘medium risk occupations’ are occupation which require frequent and /or close contact with (i.e. within 2 meters of) people who may be infected with COVID-19, but who are not known or suspected COVID-19 patients and ‘low risk occupations are those occupations that do not require contact with people known to be, or suspected of being infected with COVID-19, nor frequent close contact with (i.e. within 2 meter of) the general public.
Available benefits for employees found to have OACD include:
- Temporary total disablement benefits if the disablement does not exceed 30 days. Where the employee is quarantined by a Medical Practitioner in accordance with stipulated guidelines, where it is suspected the employee has COVID-19 or it otherwise cannot be confirmed, then the employer will be liable for the employee’s remuneration during this period. In cases where the employee is confirmed as having COVID-19, and where the Compensation Fund has accepted liability, then the Compensation Fund will make payment to the employee;
- Permanent disability where an assessment has been made by the Compensation Fund. This may be applicable where complications have arisen by virtue of having obtained CVOID-19.;
- Medical aid for a period of no more than 30 days where an employee has tested positive for COVID-19. The Director General has the ability to consider further medical aid if it will reduce the extent of disablement; and
- death benefits which include reasonable burial expenses and widow’s and dependent’s pensions if an employee dies as a result of COVID-19 complications;
The Employer will be required to report in the prescribed manner to the Compensation Fund, as set out in the notice issued by the Commissioner. The notice can be found at here. Should you have any queries regarding same please do not hesitate to contact us.
Latest News
Tainted treats, spoiled foods and potential dangers…are there any legal safeguards for consumers?
In recent weeks gone by, there have been numerous food poisoning cases reported[1] resulting in serious health issues and, in [...]
It is not only diamonds that are forever – a snapshot of forever and hazardous chemicals
A recent study conducted by the Manchester Metropolitan University revealed that the processes intended to decontaminate noxious liquid landfill waste [...]
Going nowhere fast, proposed amendments to the direct marketing regulations under the CPA published, and your comments are sought!
On October 28, 2024, the Department of Trade, Industry and Competition (dtic) published draft amendments to the regulations under the [...]
The Collection of Premiums on Behalf of Insurers – A Look at the Impact of The Exemption of Juristic Representatives from Section 13(1)(C) of FAIS
and Khanyisa Tshoba, Candidate Attorney Introduction: In practice the need may arise for an insurer to appoint a third party [...]
The effects of the CPA Amendment Act, 2017
and Elia Chitata - Candidate Attorney With the introduction of the Restitution of Land Rights Act 22 of 1994, which [...]
Section 22 – A Springboard into Business Rescue
and Caitlin Steytler – Candidate Attorney In August 2024, Statistics South Africa revealed that 1020 entities filed for liquidation in [...]