LAW RELATING to WORK INJURY BENEFIT (LAWS of KENYA)

Labour Laws

It has been in force in Kenya since 1949. Objectives of Workman’s compensation Act:

  1. To provide for compensation for loss of caring capacity suffered workmen injured or who meet death in accident arising out of an in he course of employment.
  2. Provides for payment the employer of medical expenses of the employee.
  3. Any employee who contracts or dies as a result of contracting any of certain occupational diseases is also entitled to compensation.

Workman refers to any person who has entered into or works under a contract of service, apprenticeship or learnership with employer.

Accident – unexpected event which is not designed or desired the injured workman.

ENTITLEMENT TO COMPENSATION:

  1. He must have been doing what he’s employed to do.
  2. The accident must have taken place when the person was in actual discharge of his duties not before start of or after cessation of employment
  3. The injury caused permanent disability or death to the workman or temporarily disable him for at least three consecutive days form earning full wages from the work at which he was employed.
  4. Negligence on the part of the employee doesn’t disentitle him to compensation but serious and willful misconduct may, depending on the nature of the injury to preclude payment.
  5. The onus of proof of serious and willful misconduct rests with the employer.

 Action to be taken after an accident:

  1. a) Immediately an accident occurs the law requires that a report if the accident is made to the labour officer of the area or to the District Commissioner (where there’s no labour officer)
  2. b) Any workmen who suspects that the employer hasn’t made such a report should immediately report the matter directly to the appropriate authority.

 



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