Talita Laubscher and Melissa Cogger explore how employees may be entitled to compensation from employers if they suffer injury, illness or death following a covid vaccination
Compensation is available to individuals (or their dependents) if they suffer an injury, illness or death as a result of a South African Health Products Regulatory Authority (SAHPRA)-approved covid-19 vaccine. If claimants or their dependents do not meet the requirements for a claim for compensation under the relevant fund or scheme or they elect not to claim, employees or their dependants may seek to bring a claim for civil damages against the employer.
Some employees have even gone so far as to allege their employers’ vaccination policies amount to criminal offences. However, for the reasons discussed below, we think such claims would have little to no prospects of success.