On 28 August 2021, the Australian Government announced a “No Fault COVID-19 Indemnity Scheme” for patients, health professionals and employers.

The aim of the COVID-19 Vaccine Claim Scheme is to reimburse people who suffer a moderate to significant impact following an adverse reaction to an approved COVID-19 vaccine. The scheme also gives employers and health professionals involved in administering vaccines confidence that they will not be held liable in the event of an adverse reaction.

If you have been moderately to significantly impacted by one of the approved COVID-19 vaccines, you can register your interest in making a claim and do not need to immediately provide any evidence. Once registered, you will be notified when the application process opens and what evidence needs to be provided. Australians can register their interests in making claims, backdated to February 2021.

Some recognised side effects include thrombosis with thrombocytopenia syndromes associated with the AstraZeneca vaccine, and myocarditis and pericarditis associated with Pfizer vaccine.

What compensation is provided?

The Scheme will cover the costs of injuries above $5,000 due to a proven moderate to significant adverse reaction to the COVID-19 vaccination. Claims will be assessed by independent experts, and compensation paid based on their recommendations.

For claims between $5,000 and $20,000, claimants will need to have been hospitalised for at least one night and provide evidence of the associated medical costs and lost wages.

For claims $20,000 and over, including death, the compensation is still being developed and will be advised as part of the additional information on the scheme in the future. 


Key Takeaways

The construction industry has been heavily affected by the recent COVID Workplace and Mandatory Vaccination Directions. The Victorian Government have also indicated that they will be closely monitoring and inspecting the industry to ensure that compliance is being met.

A failure to meet compliance will result in significant penalties, including fines and prohibition notices for businesses. If you have any concerns regarding the new COVID Directions and on how to meet compliance, contact us today so that we can help you ensure that compliance is met using our industry experience and specialist legal knowledge.