A worker falls from a ladder, or a machine catches a hand. Beyond the immediate concern for the person, the employer has defined legal duties that begin at once. The Work Injury Benefits Act 2007 sets the framework, and it applies even where the employer was not at fault. This guide summarises the immediate obligations and how compensation works.
What must an employer do after a workplace accident?
- Secure the scene and get the injured employee medical attention without delay
- Record the accident in the accident register kept at the workplace
- Notify the occupational safety and health office in the Ministry of Labour within the required time
- Preserve records, photographs and witness details while they are fresh
- Support the employee’s claim with accurate employment and earnings information
How does compensation under WIBA 2007 work?
WIBA 2007 imposes liability on the employer for injuries arising out of and in the course of employment, on a no-fault basis. Compensation is calculated by reference to the employee’s earnings and the extent of disablement, and fatal accidents give rise to payments to dependants. An agreement under which an employee gives up WIBA rights is of no effect, which is why clean documentation and prompt reporting matter.
Does WIBA insurance replace safety obligations?
No. The Occupational Safety and Health Act 2007 places independent duties on employers to provide a safe workplace, safe plant and systems of work, supervision and training. WIBA insurance transfers part of the financial exposure, and most employers in higher-risk sectors carry it, but safety compliance is judged separately and can be enforced through improvement and prohibition notices.
Managing the wider exposure
Accident response has a legal dimension and an insurance dimension, and they should be handled together. Our insurance law team advises employers on WIBA cover and claims, and we support employers in sectors with elevated physical risk, including mining and construction.
This article was written by Charles Muriu Mathenge, who advises businesses, HR directors and boards on corporate and commercial matters at CS Advocates LLP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.