COIDA and AIDS

Does COIDA cover AIDS ?

 According to the Compensation for Occupational Injuries and Diseases Act (No 130 of 1993) (COIDA), COIDA gives employees the right to compensation if they are injured or become ill at work. If you get infected with HIV because of a workplace accident, you can claim for compensation. This means that the infection must have arisen out of and during the course of your employment.

What costs do the Compensation Commissioner and medical aid cover ?

According to Corporate Industrial and Risk Consultants, medical expenses shall be provided for all reasonable treatment from the date of the definitive diagnosis. The medical aid covers the costs of diagnosing HIV infection and any necessary treatment, including anti-retroviral (ARV) drugs provided by any healthcare provider. The Compensation Commissioner will decide on the need for, the nature of and the sufficiency of the medical aid supplied.The immediate cost of post-exposure prophylaxis (PEP) will not be paid for under COIDA and will be the employer’s responsibility. The Compensation Commissioner will pay reasonable medical expenses including PEP expenses once liability of the claim has been accepted.

Furthermore all employers need to take into account the regulations by the Department of Labour that

• It is compulsory for employers keep rubber gloves in the first aid box
• All staff must be trained so that they know what safety measures to take if an accident happens

According to the Occupational Health and Safety Act, it is the responsibility of the employer to ensure that the workplace is safe and that employees are not at risk of HIV infection at work.