Domestic workers can now claim for workplace injury

The Constitutional Court has ruled that domestic workers who get injured at work must be allowed to claim from the Department of Labour’s Compensation Fund.

Until now, domestic workers were not allowed to claim from the Fund because they were not regarded as workers under the Compensation for Occupational Injuries and Diseases Act.

In a landmark ruling earlier on Thursday, the Constitutional Court found that the differentiation of domestic workers from other categories of workers was discriminatory and inconsistent with the Constitution.

Judgment today: Section 1(xix)(v) of COIDA is unconstitutional insofar as it excludes domestic workers employed in private households from the definition of “employee”. (Sylvia Mahlangu v Minister of Labour) pic.twitter.com/SNLiW2XXOQ

— Constitutional Court (@ConCourtSA) November 19, 2020

The decision means domestic workers who’ve suffered injuries while on duty from as far back as 1994 can now approach the Department of Labour for Compensation.