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Occupational injury

29 March 2021,  Roy Monk 1323
In November 2020 the Constitutional Court (“CC”) held that the exclusion of domestic workers from the Compensation for Occupational Injuries and Diseases Act (the Act) is unconstitutional. Provisions have now been gazetted to comply with the CC ruling. Domestic workers who are injured or contract an illness at work may now claim compensation for permanent disablement pensions, permanent disablement lump sums and temporary total disablement and medical treatment costs. Employers are obliged to register such employees under the Act (as well as, of course, the Unemployment Insurance Act) and are at risk of both civils claims from the employees and prosecution by the state for failure to do so.

Roy Monk

Consultant, Litigation

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