Requirements for compensation due to vaccine injury

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The Notice provides that if an employee is required to receive a Covid-19 vaccine, either as a result of an occupational health and safety risk assessment conducted by an employer or where the vaccine is an inherent requirement of employment, any injury, illness or death incurred as a result will be covered by the Compensation Fund.

However, in order for such cover to extend to an employee, there are six requirements that apply:

1. The vaccine must be regarded as an inherent requirement of employment in terms of the employer’s risk assessment;
   
2. The employee must have received a SAHPRA-approved Covid-19 vaccine;
   
3. Evidence of the employer’s risk assessment and vaccination plan in terms of the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces must be provided;
   
4. The chronological sequence between the vaccine inoculation and the development of the employee’s 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 the Covid-19 vaccine; and
   
6. Additional tests may be required to assess the presence of abnormalities of any organ affected.
   

A copy of the Notice can be accessed here.