The Department of Employment & Labour has announced that people who contract Covid-19 while on duty can now qualify for compensation under the Compensation for Occupational Injuries & Diseases Act, 1993 (Act No 130 of 1993).
According to a government notice issued by Compensation Commissioner Vuyo Mafata, the notice of compensation of occupationally-acquired novel coronavirus disease comes into effect on the date of publication (March 20, 2020) hereof and shall be implemented with immediate effect. The notice states that all employers and medical service providers must follow the stipulated prescripts when submitting claims and supporting medical reports for Covid-19.
When submitting reports online through the CompEasy system or Mutual Association Claims systems, medical service providers must use the emergency Covid-19 ICD-10 code: U07.1 as proposed by the World Health Organization (WHO).
The notice also stated that assessment of permanent impairment shall be determined three months after diagnosis and when maximum medical improvement has been reached.
Payment for temporary total disablement shall be made for as long as such disablement continues, but not for a period exceeding 30 days.
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For self-quarantine recommended by a registered medical practitioner in accordance with the DoH / WHO / ILO guidelines, the employer will be liable for remuneration for days of absence. For confirmed cases and where the Compensation Fund has accepted liability, temporary total disablement shall be paid from the date of diagnosis up to 30 days. In an event where there are complications, the commissioner has a right to review the case.
In all accepted cases of Covid-19, medical aid shall be provided for a period of not more than 30 days from the date of diagnosis. If in the opinion of the Director-General further medical aid will reduce the extent of the disablement, this shall be considered.
On death benefit, the notice states that reasonable burial expenses, widow’s and dependent’s pensions shall be payable, where applicable, if an employee dies as a result of Covid-19 complications.
The office of the Compensation Commissioner shall consider and adjudicate upon the liability of all claims. The medical officers in the Compensation Commissioner’s office are responsible for medical assessment of the claim and for the confirmation of the acceptance or rejection of the claim.
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