News
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-:
- The law came into effect on 20th December, 2007 and replaced the Workmen’s Compensation Act.
- 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
- All employees are now covered in the Act irrespective of earnings
- 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.
- 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.
- The employer is required to report the same to the Director of occupational safety and health services in the
prescribed manner within seven days.
- Claims can be reported for up to 12 months from date of accident.
- Employers and insurers to whom claims are reported must settle the claim within 90 days of the date the claim was lodged.
- 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.
- Compensation is based on 96 months earnings subject to a minimum and maximum amount to be determined by the minister.
- Every detail of an employee must be disclosed about all employees under an employer’s service
- The Act is administered by the Director of Occupational Health Services– DOHS.
Our word is Our Bond