Lithemba Ncanywa Inc

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Can Domestic Workers claim compensation for injuries sustained on duty?

In terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), employees can claim compensation for injuries or diseases they get while performing their duties. In the event that such employee dies as a result of such injury(ies) or disease(s), the spouse and/or the dependent(s) of such employee can claim. However, section 1 of COIDA excluded domestic workers from claiming under the Act.

On 19 November 2020, the Constitutional Court confirmed the decision of the High Court (Gauteng Divition: Pretoria) that the exclution of domestic workers by the Act is unconstitutional and therefore invalid. The Court further ordered that the Order is to have immediate and retrospective effect from 27 April 1994.

Therefore, domestic workers can now claim compensation for injuries sustained on duty or for employment related diseases. In the event that they die as result, their spouses and/or dependants can claim.

For more information, contact your Legal Practitioner or contact us on any of our contact details hereunder.

Tel: 072 4077 588
Email: [email protected]