When the covid-19 jab started to be rolled out in February 2021, a few concerned citizens asked what help they’d receive from the government should they suffer a medical injury from the trial medication.
The government said its ACC – Accident Compensation Corporation – scheme provides a no-fault guarantee.
As of 7 August, ACC had received 201 treatment injury claims related to the covid vaccine. Of these, 67 have been accepted, 39 declined, and 95 are still being decided. The majority of accepted claims are for allergic reactions.
A spokesperson for ACC says: “A physical injury resulting from the covid-19 vaccine may be covered by ACC if the criteria for treatment injury are met.
“Under ACC legislation, the injury must be clearly caused by the vaccination and must not be a necessary part or ordinary consequence of the treatment.
“For example, inflammation around the site of the injection is common with vaccinations (an ordinary consequence) and is unlikely to be covered.
“Infections (such as cellulitis or septic arthritis) due to the vaccination, and anaphylaxis resulting in injury are not ordinary consequences and are likely to be covered.”
Section 32(1)(ii) of the AC Act states that a treatment injury means a personal injury suffered by a person receiving treatment from, or at the direction of, 1 or more registered health professionals.
Specifically, in relation to the covid-19 vaccination, the Medicines Amendment Regulations 2021 (the Regulations), which came into force on 28 May 2021 (covid-19. Section 44AB) states:
“A person authorised as a covid-19 vaccinator must, at all times while performing the tasks authorised under these regulations, work under the clinical supervision and direction of a suitably qualified health practitioner.”
Given the above, ACC can consider vaccine-related treatment injury claims for cover in cases where the vaccine is administered by an authorised vaccinator at the direction of one or more registered health professionals.