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Famous Quotes
The reasonable man
adapts himself to the
world. The unreasonable
man persists in trying
to adapt the world to
himself. Therefore, all
progress depends on the
unreasonable man.
- George Bernard Shaw
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Work
injury benefits Act
This Act is the culmination of
years of deliberations with many
interest groups within the
Kenyan labour market and
lobbying for the parliamentary
debate that led to its
enactment. It has rubbed some
the wrong way, more so the
beneficiaries of the litigation
that was involved under the now
defunct employer’s liability or
common law suits.
Some
highlights-:
i. The law came into
effect on 20th December, 2007
and replaced the Workmen’s
Compensation Act.
ii. It makes it mandatory for
employers to either insure their
employees or provide and
maintain in force a form of
security which complies with the
Act
iii. All employees are now
covered in the Act irrespective
of earnings
iv. An employer is required to
keep a register or other record
of the earnings and other
prescribed particulars of the
employee. These records should
last at least six years.
v. The employee or his/her
representative will report any
accident which occurs in the
course of employment to the
employer and give a copy of such
notice to the DOHS.
vi. The employer is required to
report the same to the Director
of occupational safety and
health services in the
prescribed manner within seven
days.
vii. Claims can be reported for
up to 12 months from date of
accident.
viii. Employers and insurers to
whom claims are reported must
settle the claim within 90 days
of the date the claim was
lodged.
ix. For employees who are
ordinarily employed in Kenya, if
he is injured while temporarily
deployed outside Kenya(less than
12 months continuous period),
the employee will be entitled to
compensation as if the accident
happened in Kenya.
x. Compensation is based on 96
months earnings subject to a
minimum and maximum amount to be
determined by the minister.
xi. Every detail of an employee
must be disclosed about all
employees under an employer’s
service
xii. The Act is administered by
the Director of Occupational
Health Services– DOHS.
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