An employee who contracts the Coronavirus will be entitled to claim compensation if the employee the virus in the course of their employment.
On 23 March 2020 the Compensation Commissioner published a notice in terms of section 6A of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 ("COIDA") in terms whereof an employee who contracts the Coronavirus disease (COVID-19) will be entitled to claim compensation as provided for in Schedule A to the notice from the Compensation Commissioner if the employee contracted COVID-19 out of, and/or in the course of his or her employment.
Occupationally-acquired COVID-19 is established, subject to a positive diagnosis, if it is found that the disease was contracted following:
- an employee's exposure to a single or multiple confirmed case of COVID-19 in the workplace; or
- an official trip to a high-risk country or area undertaken by an employee that was previously COVID-19 free.
The notice further includes specific prescripts that must be followed by Employers and Medical Service Providers when submitting COVID-19 claims and supporting medical reports. The notice was published in Government Notice No. 193 on 23 March 2020.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
