COMPENSATION FOR WORK-RELATED INJURIES

Work environments are likely to have accidents and injuries, which may adversely affect the employer and the employee. These injuries are sad realities that call for the support of the affected employees. Notably, some jobs are high risk as compared to others.

An employee in an industrial setup is likely to get work injuries compared to an office manager who spends a lot of time in the office. It is, therefore, vital to protect employees should they get sick, disabled and their dependents in cases of death while at work.

The Work Injury Benefits Act 2007 provides compensation for work-related injuries and diseases contracted by an employee during their employment. All employers in Kenya must maintain an insurance policy with an approved insurance company for any liability arising from work-related injuries. Some of the injuries covered in the act are temporary disablement, permanent disablement, occupational diseases, and death in fatal instances.

The act sets out requirements to qualify for compensation under the Work Injury Benefits Act.

• Accidents resulting in death, injury, or disablement must have happened at the workplace or within the course of duty.
• The employer must know about the accident’s occurrence. The affected employee must notify the employer within 12 months of the accident, without which their right to compensation shall deemed to have lapsed.
• An employee’s commission or omission resulting in disablement or death is termed an occupational injury if it was in the interest of the business despite having acted without the employer’s instruction.

REPORTING OF THE ACCIDENT

The injured employee or person acting on behalf of the employee notifies the employer of the accident. The employer shall then report to the Director seven days after receipt of the accident notice.

However, where the injury is fatal, the employer has to report to the Director within 24 hours after those acting on behalf of the employees have given notice.

After that, an inquiry by the Director is followed to decide on any claim or liability for the reported accident.

The Director referred to herein is the Director of Occupational Safety and Health Services.

COMPENSATION FORMULA

Compensation for occupational diseases is based on the earnings of the employee either  at the time of the commencement of the disease or an earlier date as prescribed by a medical practioner.

For temporary partial or total disablement, the employee is entitled to periodic payments equal to their earnings.

For permanent disability, the benefits are based on the ninety-six months’ earnings.

If the employee dies as a result of work injury, the dependents shall be paid in accordance with the third schedule of the act.

All these benefits are subject to the minimum and maximum amounts fixed by the Minister from time to time in consultation with the board.

The Work Injury Benefits Act plays a crucial role in the protection of the interests of employees while at work. It mandates employers to provide security and safety, as well as health and risk management measures to prevent accidents. Importantly, employees should be aware of the right they have in claiming compensation for injuries obtained in their line of duty.