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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment

9. Compensation for Occupationally Acquired HIV

 

1) An employee may be compensated if he or she becomes infected with HIV as a result of an occupational accident, in terms of the Compensation for Occupational Injuries and Diseases Act.

 

2) Employers should take reasonable steps to assist employees with the application for benefits including:
i) providing information to affected employees on the procedures that will need to be followed in order to qualify for a compensation claim; and
ii) assisting with the collection of information which will assist with proving that the employees were occupationally exposed to HIV infected blood.

 

3) Occupational exposure should be dealt with in terms of the Compensation for Occupational Injuries and Diseases Act. Employers should ensure that they comply with the provisions of this Act and any procedure or guideline issued in terms thereof.