15 September 2020
Proving you contracted the virus while performing your duties could be difficult.
Q: How will you prove you got the Covid-19 virus at work and who will be responsible for expenses? — J Grobler via Money’s Facebook page.
A: Jaden Cramer, an associate in commercial law firm Cliffe Dekker Hofmeyr’s (CDH) employment practice, responds:
It is difficult to prove that you contracted Covid-19 at work, but where it can be proven, you would be entitled to a claim in terms of the Compensation for Occupational Injuries and Diseases Act (Coida).
The issued notice by the department of employment & labour in terms of Coida sets out the criteria for the contraction of Covid-19 in the workplace, which are:
- Assessment of the inherent risk posed by various categories of work and occupations.
- Exposure to a known source of Covid-19 at the workplace.
- An approved official trip and travel history to countries and/or areas of high risk for Covid-19 on work assignment.
- A reliable diagnosis of Covid-19 as per the World Health Organisation (WHO) guidelines.
- A chronological sequence between the exposure at the workplace and the development of symptoms.
In terms of an amendment to Coida, your employer and medical scheme must submit claims and supporting medical reports under the emergency Covid-19 ICD-10 code: UO7.1 as proposed by the WHO.
Source: Business Day at https://www.businesslive.co.za/bd/life/2020-09-15-qa-who-will-pay-if-i-get-covid-19-at-work/