According to the current COIDA (Compensation of Occupational Injuries and Diseases Act), the definition of ‘employee’ in section 1 excludes a ‘domestic employee employed as such in a private household’.

Therefore, domestic employers did not have to register with the Fund, submit ‘Return of Earnings’ and domestic employees were unable to claim OID benefits.

 On 19 November 2020, the Constitutional Court declared the COIDA invalid with regards to domestic employees being excluded.

Therefore, the Compensation Fund Commissioner published a Gazette, including domestic employees in the COIDA.

Based on this:

• Domestic employers must register as an employer with the Fund (please refer to the Gazette for information about registration).
• Domestic employers must submit a Return of Earnings (W.As.8).
• Domestic employers will be assessed by the Fund.
• Registered domestic employees (or dependants in the case of death) as a result of injury, death or occupational disease while on duty, will be able to claim OID benefits (please refer to the Gazette for a list of benefits).

We will notify you if further clarification/communication is received from the Compensation Fund.

 For any further questions or assistance, please contact the Compensation Fund.