This no-fault compensation scheme previously discussed here, has now amended regulations and directions published on the 4th April 2022, available here.

The purpose of the Scheme is to provide expeditious and easy access to compensation for persons who suffer from a Covid-19 Vaccine Injury caused by the administration of an improved Covid-19 vaccine.

Injuries covered are serious injuries referred to in Regulation 93.1(1) and (3).

The serious injury must have been caused by the Covid-19 vaccine but fault does not have to be proved.

The indemnifiable injuries are those set out in paragraph 8 of the directions and are serious injuries resulting in permanent physical or mental impairment, temporary physical or mental impairment or death.

The regulations provide that a person who submits a claim to the Scheme and is awarded compensation abandons their right to institute a damages claim in a court against any party arising from harm, loss or damage allegedly caused by a Covid-19 Vaccine Injury.

A person who has submitted a claim for compensation under the Compensation for Occupational Injuries and Diseases Act for any untoward medical occurrence that may present after vaccination, whether or not there is a causal relationship to the administration of the vaccine concerned, is also not eligible for compensation under the Scheme.

The quantum and structure of compensation is set out in the directions and determined by the Adjudication Panel in accordance with the Compensation Table forming part of the directions.  The compensation is a capped amount in respect of the type of injury listed and provision is made for lump sum compensation payments.

In respect of both the death and permanent disability benefit any payment is capped at R150 000.  The temporary disability benefit is a fixed temporary compensation of R5 000 per month up to a maximum of 6 months although a person may claim for both temporary and permanent disability where applicable.

The directions allow for an appeal by a dissatisfied claimant both in terms of whether any indemnity is payable and the quantum and structure of the compensation.