Issues covered by the Work Injury Benefits Acts in Kenya

The Work Injury Benefits Act applies to all employees, including employees employed by the government, other than the armed forces.

It regulates some of the following matters:

Obligations of employer
The employer should obtain an insurance policy in respect of any liability that he/she may incur to any of the employees.

Compensation and the right to compensation
An employer should pay compensation to an employee injured while worked, unless the injury resulted from the employees wilful and deliberate misconduct.

An employee who suffers temporary total disablement due to an accident that incapacitates the employee for three days or longer is entitled to receive a periodical payment equivalent to the employees earnings, subject to the minimum and maximum amounts fixed by the Minister from time to time, after consultation with the Council.

Reporting of accidents
Written or verbal notice of any accident which occurs during employment shall be given by or on behalf of the employee concerned to the employer. An employer shall report an accident to the Director in the prescribed manner within twenty-four hours for a fatal accident and seven days for the less fatal accident after receiving notice of the accident or having learned that an employee has been injured in an accident

Occupational diseases
An employee is entitled to compensation if the employee contracts a disease that arose out of and in the course of the employee’s employment. This is what is known as occupational disease.

Medical aid
An employer ought to provide and maintain appliances and services for rendering of first aid to his/her employees in case of any accident in respect of the trade or business in which the employer is engaged and any employer who fails to comply with this commits an offence.


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