17 May 2021 by , and Employment Law Alert

The COVID-19 Vaccination Injury No-Fault Compensation Scheme

On 22 April 2021, the Minister of Co-operative Governance published the regulations (Regulations) establishing a COVID-19 Vaccination Injury No-Fault Compensation Scheme (Scheme). The purpose of the Scheme is to provide compensation to persons who have suffered harm, loss, or damages as a result of a “vaccine injury”.

To qualify for cover, a vaccine injury must result in one or more of the following:

  • permanent or significant injury;
  • serious harm to a person’s health; or
  • other serious damage or death.

The Regulations do not define permanent or significant injury, serious harm or serious damage. The Minister of Health will publish a schedule with a list of vaccine injuries covered by the scheme. Side effects such as headaches, diarrhoea and vomiting are unlikely to meet the test for serious harm or permanent injury.

Eligibility

According to the Regulations, claimants may lodge a in their personal capacity. If a vaccine injury results in a death, the deceased’s dependent may also lodge a claim. To succeed, a claimant must prove that they have suffered harm, loss or damage caused by a vaccine injury.

In terms of regulation 96, any person who elects to submit a claim to the Scheme waives and abandons their right to institute legal proceedings against any party for a claim arising from harm, loss or damage allegedly caused by a vaccine.

How to submit a claim

A claim must be submitted in terms of a form published by the Minister of Health. A claim will be assessed and adjudicated by a panel. If a claimant is unhappy with the recommendation by the panel, they may appeal to the Appeal Panel chaired by a retired judge.

Mandatory vaccine policy?

The Scheme brings relief to the employers who are considering introducing mandatory workplace vaccination policies because the Scheme introduces an avenue to mitigate the risk of litigation resulting from claims of harm, loss, or damage as a result of taking a vaccine.

download PDF

The information and material published on this website is provided for general purposes only and does not constitute legal advice.

We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter.

We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Please refer to the full terms and conditions on the website.

Copyright © 2021 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com

You may also be interested in