call

Workers Compensation

Public Health Amendment (Vaccination Compensation) Bill 2021

By LHD Lawyers

If your employer requires you to be vaccinated against COVID-19 before you can continue work, you might be confused about your rights.

Who is responsible if the same vaccine also causes you to suffer serious health complications?

The Public Health Amendment (Vaccine Compensation) Bill passed in 2021 aims to provide clarity in this grey area. Here’s what you need to know.

What is the Public Health Amendment (Vaccination Compensation) Bill 2021?

The Vaccine Compensation bill stipulates that employers are liable for any ill effects arising from an employee’s vaccination if the vaccine was a mandatory condition of employment.

In other words, if your employer forces you to get vaccinated before continuing work, they will also have to compensate you if the vaccine does you harm.

The employer’s liability also continues for the entire life of the employee, regardless of whether they change jobs or cease working.

Who does this Bill affect in NSW?

The Vaccine Compensation Bill extends to all workers retained by an employer, regardless of whether they are full-time employees, contractors, freelancers, agents, or people paid in any other capacity.

What proof is required to show you’re eligible?

To claim for vaccine compensation, you’ll need proof that an employer required you to receive the vaccine as a condition of employment. This might be a policy document, written request, or another action.

A direct medical relationship must also be established between the vaccine and the resulting health condition.

When does the Public Health Amendment (Vaccination Compensation) Bill 2021 commence in NSW?

This Act commences on the date of assent to this Act.

The Vaccine Compensation bill is yet to pass through parliament. If assented to, it will take force 28 days after the date of assent.

Make a Workers Compensation claim today

LHD Lawyers help everyday Australians receive the benefits they are entitled to with workers’ compensation claims. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. Call 1800 838 481 to arrange a consultation.

LHD Lawyers | Feature Callout

Check if you’re eligible or get free claim advice now

or call us on  1800 455 725