How does a domestic worker claim from COIDA for an injury at work?
Short answer
Since the Constitutional Court's Mahlangu judgment ([2020] ZACC 24, 19 November 2020), domestic workers are covered by COIDA for injuries, illnesses or death arising from their work. If you're hurt on the job, the claim is lodged with the Compensation Fund — not against the employer personally — and it's free to you. Report the injury to your employer immediately, get medical treatment, and the employer reports it to the Fund; you (or your dependants) then submit the claim, and the Fund pays medical costs and compensation for lost income or disability.
Step by step
1Get medical treatment and tell the doctor or clinic the injury happened at work.
2Report the injury to your employer immediately.
3Make sure the incident is reported to the Compensation Fund (the employer's duty).
4Lodge your claim with the Fund with your ID, medical reports and employer details.
5Keep copies of everything and follow up with the Fund.
6If your employer isn't registered, report it to the Department of Employment and Labour — your right to claim still stands.
Why you're covered: Mahlangu
For years domestic workers were excluded from COIDA. In Mahlangu v Minister of Labour [2020] ZACC 24 (19 November 2020) the Constitutional Court struck that exclusion down as unconstitutional, with retrospective effect to 1994. So today every household that employs a domestic worker is a COIDA employer, and you — the worker — are covered for occupational injury, illness or death. The cover costs you nothing; it's funded by the employer's assessment.
What COIDA covers
COIDA covers injuries and illnesses that arise out of and in the course of your work — for example a fall, a burn, or a back injury from lifting — as well as occupational diseases and, if the worst happens, benefits to your dependants. Compensation can include the cost of medical treatment, payments while you can't work (temporary disability), a lump sum or pension for permanent disability, and dependants' benefits on death. You do not have to sue your employer; the Fund pays.
What to do if you're injured
Report the injury to your employer straight away and get medical treatment — tell the doctor or clinic it happened at work, so it's recorded as a work injury. Your employer should report the incident to the Compensation Fund. Then you (or your dependants) lodge the claim with the Fund, with your ID, the medical reports and the employer's details. Keep copies of everything. If your employer isn't registered, you can still report the injury to the Department of Employment and Labour, which can pursue the employer.
If your employer hasn't registered
Your right to claim doesn't disappear just because your employer failed to register for COIDA — registration is the employer's duty, and an unregistered employer can be held liable and penalised. Report the injury to the Department of Employment and Labour / Compensation Fund; they can investigate, pursue the employer, and help you access compensation. You should never be left to carry a work injury yourself.
Frequently asked questions
Can a domestic worker claim for an injury at work?
Yes. Since the Mahlangu ruling ([2020] ZACC 24) domestic workers are covered by COIDA. Claims are lodged with the Compensation Fund and are free to the worker.
Do I claim against my employer or the Fund?
Against the Compensation Fund, not your employer personally. The Fund pays medical costs and compensation for lost income or disability.
What does COIDA cover for a domestic worker?
Work-related injuries and illnesses — medical treatment, payments while you can't work, lump sums or pensions for permanent disability, and dependants' benefits on death.
What if my employer never registered for COIDA?
You can still report the injury to the Department of Employment and Labour. Registration is the employer's duty; an unregistered employer can be held liable and penalised, and the authorities can help you access compensation.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.