Requirements for compensation due to vaccine injury
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:
The vaccine must be regarded as an inherent requirement of employment in terms of the employer’s risk assessment;
The employee must have received a SAHPRA-approved Covid-19 vaccine;
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;
The chronological sequence between the vaccine inoculation and the development of the employee’s symptoms and clinical signs must be provided;
The employee must have presented with symptoms and clinical signs that are generally recognised as side effects of the Covid-19 vaccine; and
Additional tests may be required to assess the presence of abnormalities of any organ affected.
A copy of the Notice can be accessed here.