COVID-19 Vaccine
Scenario one
Where an employer implements a vaccine policy that employees must be vaccinated and an employee has an adverse reaction to the vaccine, then it is likely an adverse reaction would be found to be compensable.
A claim lodged due to an adverse reaction will be considered on its individual merits, taking into account individual circumstances and evidence.
To determine whether the adverse reaction occurred out of or in the course of employment, the insurer will need to determine if the employment has “materially contributed” to the adverse reaction. In this regard, “materially contributed” means that the employment was “the real, proximate or effective cause” (of the adverse reaction).
Scenario two
Where an employer arranges voluntary COVID-19 vaccines and advertises its availability through company emails and signage, whether the vaccination occurs at the work place or away (such as a Medical Centre), then an adverse reaction may be compensable, even if vaccination is voluntary and not mandated by an employer, due to a link to employment.
A claim lodged due to an adverse reaction will be considered on its individual merits, taking into account individual circumstances and evidence.
To determine whether the adverse reaction occurred out of or in the course of employment, the insurer will need to determine if the employment has “materially contributed” to the adverse reaction. In this regard, “materially contributed” means that the employment was “the real, proximate or effective cause” (of the adverse reaction).
Scenario three
Where an employer shares government advice relating to the COVID-19 vaccine and its availability through company emails and signage, then an adverse reaction may not be compensable as there would be no link to employment.
A claim lodged due to an adverse reaction will be considered on its individual merits, taking into account individual circumstances and evidence.
To determine whether the adverse reaction occurred out of or in the course of employment, the insurer will need to determine if the employment has “materially contributed” to the adverse reaction. In this regard, “materially contributed” means that the employment was “the real, proximate or effective cause” (of the adverse reaction).