An injury at work raises two urgent questions: your health, and how the costs and lost income will be met. The Work Injury Benefits Act 2007 (WIBA) answers the second, and it does so without requiring you to prove that the employer was negligent. Orderly records turn a disputed claim into a straightforward one.
What should you do immediately after a workplace injury?
The first hour matters, and so does the paper trail that follows:
- Report the injury to your supervisor at once, so it enters the accident register
- Get medical treatment and keep every record and receipt
- Note the names of witnesses and, where possible, photograph the scene
- Keep copies of your contract and recent payslips, which fix your earnings
- Follow the medical advice given and attend all reviews
What does WIBA 2007 provide?
The Work Injury Benefits Act 2007 makes the employer liable for personal injury arising out of and in the course of employment, on a no-fault basis. Compensation is assessed by reference to earnings and the degree of disablement, whether temporary or permanent, and a fatal accident gives rise to payments to the employee’s dependants. You cannot be made to sign away these rights, and the employer remains responsible for reasonable medical treatment.
What if the employer disputes the claim?
Disputes are decided by the courts, and the reporting and medical records gathered early carry the day. The employer is required to report the accident to the occupational safety and health office, and a report that was never made can be raised with the labour office. Time limits apply to claims, so advice should not be postponed until the window is nearly spent.
Insurance and the claim
Many employers carry WIBA insurance, and the insurer often manages the payment. Where the cover or its scope is disputed, we advise on claims involving employers and insurers through our insurance practice, alongside the firm’s wider practice areas.
This article was written by Bruno Walela Situma, who advises on dispute resolution, insurance and litigation 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.