Work Injury Benefits Act 2007
The Work Injury Benefits Act repeals WCA Cap 236 and shall apply to all employees (in private and public sectors).
The Director of Occupational Safety and Health Services shall enforce the Act.
- This is a no fault Act and therefore negligence need not be proved against employers.
- The insurance is mandatory; all employers must obtain and maintain an insurance policy or security in respect of their liability.
- There will be no common law claims. No liability shall arise in respect of death, injury or disease except under the provisions of this Act.
- The Minister is required to provide limits for earnings, medical and funeral expenses under rules and regulations.
- For purposes of compensation the earnings of a trainee shall be based on the earnings of a person with five (5) years experience.
- Some of reinsurance programmes exclude the occupational diseases provided for under the Act. We have traditional exemptions in our policy, which are included in the Second Schedule of the Act.
- The employer is required to report the details of an accident in respect of an employee to the Director of Occupational Safety and Health Services in the prescribed manner within two days for fatal and seven (7) days for others. Claim for compensation must be lodged in 12 months.
- The Act requires an insurer or employer against whom a claim has been lodged by the Director to settle the same within 90 days of the lodging of the claim.
If an employee who is ordinarily employed in Kenya is injured in an accident while temporarily deployed outside Kenya, the employee is; entitled to compensation as if the accident had happened in Kenya. This does not apply to an employee who has been deployed outside Kenya for a continuous period of twelve months.