- Partial incapacity and total incapacity
- The workman must have suffered partial loss of his earnings capacity as a result of the loss of a part of the use of a part of the body thus decreasing his ability to earn full wages.
- Permanent partial incapacity is expressed the doctor treating the workman in percentage and may at least range from 1% to 99%
- Compensation in respect of permanent partial incapacity is assessed as percentage of 60 months earnings being percentage specified the medical practitioner as the disability suffered the workman subject to a minimum of Kshs 35,000 and a maximum of Kshs 240,000.
Compensation for Permanent total incapacity
- In fatal cases, a lump sum of 60 months earnings subject to a maximum of Kshs 240,000 payable where the deceased leaves a person o persons wholly, or partially dependent upon his earnings at the time of his death.
- The amount payable is distributed, between the surviving dependants in accordance with the respective degree to which they were dependent upon the deceased
- A widow who remarries before payment of compensation is still entitled to her share
- Where the dead man leaves behind no dependants reasonable expenses of the burial of the deceased workman subject to a maximum of Kshs 500 is payable the employer.
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