Work Injury Benefit Act

The Work Injury Benefits Act, 2007 requires all employers to obtain and maintain an insurance policy to cover them against any liability that they may incur under The Work Injury Benefits Act, 2007 to any of their employee. The Act provides that the employer is liable to pay compensation to an employee injured while at work.

The Act has provided for the following benefits/compensation:-

  1. Temporary Total Disability: – An employee who suffers Temporary Total Disablement due to an accident that incapacitates him for 3 days or longer is entitled to receive a periodical payment equivalent to his earnings, subject to minimum and maximum amounts that The Minister will fix from time to time.
  2. Temporary Partial Disablement: – This shall consist of a proportionate amount of the periodical payment calculated as specified in (a) above. Periodical payments (a) and (b) shall be made for a maximum period of 12 months.
  3. Permanent Total Disablement: – Compensation shall be calculated on the basis of 96 months’ earnings subject to a minimum and maximum amounts determined by the Minister.
  4. Death: – If an employee dies as a result of an injury caused by an accident, his dependents shall be entitled to a compensation subject to a minimum and maximum amount determined by the Minister.
  5. Funeral Expenses: – The employer is liable to pay reasonable expenses for the funeral of the deceased employee subject to a minimum and maximum amount determined by the Minister.
  6. Expenses for constant assistance: – If an injury in respect of which compensation is payable causes disablement of such a nature that the employee is unable to perform essential functions of life without the constant assistance of another person, the Director of Occupational Safety and Health Services shall grant an additional allowance towards the cost of such help as may be required for a specified period.
  7. Medical Expenses: – Employer will be liable to pay medical expenses which include dental, medical, surgical, medicine, transport within Kenya and supply, maintenance, repair and replacement of artificial limbs, crutches and other appliances and apparatus used by persons who are physically disabled.An employer is also required to provide and maintain such appliances and services for the rendering of First Aid to his employees in case of any accident.

An employee who contracts an occupational disease arising out of and in the course of his employment is also entitled to compensation.