Widow’s claim for husband’s Covid death denied

A widow is fighting a legal battle to be paid out for her husband’s Covid death after the labour department initially certified that the death was an occupational injury, but later denied the claim.

Khanyisile Shongwe’s husband passed away in August 2020 after he contracted coronavirus, which she believes happened at his workplace, Legal Aid.

Disease contracted at work

Shongwe made a claim under the Compensation for Occupational Injuries and Diseases Act in 2021 and received written confirmation from the department that the disease had been contracted at work.

The letter reads: “The Compensation Fund has received the claim and, on the information supplied, liability has been accepted for the payment of compensation and medical expenses.”

After that, she checked on the status of the claim on the department’s online system and saw an update saying “execute payment” on 17 November, 2023.

However, the payment was not made and a “technical glitch was cited”, Shongwe said.

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“I had made arrangements with my son’s school that payment will be made as soon as we receive the money.”

However, she was “shocked to learn that Legal Aid had objected to the acceptance of liability and so the claim was reversed”.

“My 15-year-old son has not been going to school since 17 January, 2024. Dealing with the loss of my husband and his dad is devastating enough. Now this has caused us to relapse into severe depression,” Shongwe said.

Legal Aid deny virus contracted due to work

Legal Aid denied the virus was contracted as a result of work, arguing it cannot be said with any certainty where a person contracted Covid.

A second letter from the department, rejecting the claims, made the same assertion.

Compensation commission Farzana Fakir evaluated the matter and in a letter said the claim was declined because there was a lack of proof that the employee contracted Covid at the office.

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Shongwe lodged an objection and received a letter saying: “The decision of the compensation commissioner is still outstanding before the section 91(2) Tribunal.”

It added that “no payment is due to Ms Shongwe from the Compensation Fund until the objection process is finalised”.

Shongwe then wrote to the public protector and was informed that the Compensation Fund had repudiated her claim.

Case escalted to head office

Provincial labour department communications manager Sekhothali Lekalakala said the case has been escalated to its head office and is with the legal team.

Shongwe’s lawyers are to pursue the case.