Work injury compensation in Kenya: WIBA explained

The Work Injury Benefits Act, 2007 (WIBA) provides compensation to employees injured, or who contract a disease, in the course of employment — regardless of fault.

Employer obligations

• Insure all employees against work injury and occupational disease with an approved insurer.
• Report an accident to the Director of Occupational Safety and Health Services within the prescribed time.
• Keep a register of accidents and occupational diseases.

Making a claim

1. The employee (or dependants, in a fatal case) notifies the employer.
2. The employer reports to the Director.
3. The Director investigates and assesses compensation, using medical assessment of the degree of disablement.
4. The insurer or employer pays the award.

What is covered

• medical expenses,
• temporary disablement (periodical payments),
• permanent disablement (lump sum based on earnings and degree of disability), and
• death benefits and funeral expenses.

Objections and court

A party dissatisfied with the Director’s award may object and then appeal to the Employment and Labour Relations Court.

This article is general information, not legal advice on your situation.

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