Compensation for Contracting the COVID-19 Virus at Work

Compensation Covid-19

As of 28 July 2020, more than 450 000 individuals in South Africa have been infected with the Severe Acute Respiratory Syndrome Corona Virus 2 (SARS-Cov-2). This strain of the virus causes COVID-19 (“the virus”).

Many employees who tested positive for the virus at work were prejudiced by the necessary but financially detrimental safety protocols imposed on them due to the virus. Other employees have passed away. As a result, many compensation claims for workplace acquired COVID-19 have already been made.

On 23 March 2020, a Notice in terms of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (“COIDA”) was published to guide employers and employees on this subject matter (“the Notice”).

However, a new directive on compensation in the workplace (“the Directive”) was recently
published by the Minister of Employment and Labour on 23 July 2020. The Directive was
issued in terms of the regulations issued by the Minister of Cooperative Governance and
Traditional Affairs in terms of the National Disaster Management Act, 57 of 2002.

Employers should note the following regarding the directive:

  • The Directive’s scope of application has been limited: only
    “employees” will be able to claim compensation for workplace
    acquired COVID-19. The Directive does not cover “workers”
    anymore.
  • Contracting COVID-19 at WorkAdditional employees have been categorized as working within a
    very “high exposure risk occupation”: due to our better understanding
    of the virus, health care employees who are tasked with performing
    cardio-respiratory function tests have been classified as being
    employed in a high exposure risk occupation.
  • Determining the risk of exposure has changed: “close contact”
    will now be defined as 1.5 meters as opposed to the previous 2
    meters.
  • Unconfirmed cases’ claims will be denied: “Persons under
    investigation” will receive no compensation until the investigation
    is finalised.
  • Compliance with other directives is essential: employees who decide to self-isolate or are in self-quarantine are warned that in order to receive compensation, they must comply with the Temporary Employers Relief Scheme or the Consolidated COVID-19 Directive on Health and Safety in the Workplace.
  • Otherwise, the majority of the provisions of the Directive restates the provisions of the Notice.