Workplace injuries can have significant physical, emotional, and financial impact on employees. Understanding the legal framework and procedures for filing a workplace injury claims in Kenya is crucial for obtaining the necessary compensation. This article provides a comprehensive guide to help employees navigate the process of claiming compensation for workplace injuries.
Legal Framework for Workplace Injury Claims In Kenya
1. The Work Injury Benefits Act (WIBA), 2007
o This Act provides for the compensation of employees for injuries sustained
in the course of their employment. It outlines the rights and duties of both
employers and employees regarding workplace injuries.
2. Occupational Safety and Health Act (OSHA), 2007
o OSHA mandates the provision of safe working conditions for employees. It
requires employers to ensure workplace safety and health, thereby
minimizing the risk of injuries.
3. Employment Act, 2007
o This Act governs employment relationships in Kenya and includes
provisions for the welfare of employees, including those injured at work.
Steps to File a Workplace Injury Claims In Kenya
1. Report the Injury
o Immediately report the injury to your employer. A verbal or written notice
by an employee or his representative shall be given to the employer.
Timely reporting is crucial as delays can affect your claim.
2. Seek Medical Attention
o Obtain medical treatment for your injury. The attending doctor will provide
a medical report, which is a critical piece of evidence for your claim.
3. Document the Incident
o Keep detailed records of the incident, including any communication with
your employer regarding the injury. The law gives an employee the right to
request for a copy of the notice of the accident furnished by the employer
to DOSH.
4. Notification to the Director of Occupational Safety and HealthServices (DOSHS)
o Your employer must notify the DOSH of the injury within seven days or
within 24 hours in fatal cases. The DOSH oversees the administration of
the Work Injury Benefits Act and ensures that claims are processed
correctly.
5. Completing the Claim Form
o A prescribed form is filled out by an employer’s representative giving the
particulars of the employer and employee, circumstances of the incident
and the employee’s monthly earnings and the second part of the form is
filled by a medical practitioner indicating the details of the medical report.
6. Submit the Claim Form
o The notice of the accident form commonly referred to as DOSH Form 1 is
submitted by the employer to DOSH through a filing portal. The law
however does not prevent an employee from reporting a work injury to
DOSH at any stage.
7. Assessment and Investigation
o The DOSH will assess the claim and may conduct an investigation to
verify the details of the incident. This process ensures that the claim is
valid and that the compensation awarded is fair.
8. Compensation Award
o If the claim is approved, you will receive compensation based on the
employee’s earnings, severity of the injury and its impact on your ability to
work. Compensation may cover medical expenses, loss of earnings, and
rehabilitation costs.
Types of Compensation
1. Medical Expenses
o Covers the cost of medical treatment, including hospitalization, surgery,
medication, and rehabilitation.
2. Temporary Disability
o Compensation for temporary loss of earnings due to the inability to work
while recovering from the injury.
3. Permanent Disability
o Compensation for permanent impairment or loss of function resulting from
the injury.
4. Death Benefits
o In case of fatal injuries, dependents of the deceased employee are entitled
to compensation.
Key Considerations
Legal Representation: Engaging qualified work injury lawyers like Ombogo and
Company Advocates, can help you navigate the complexities of filing a
workplace injury claim and ensure that your rights are protected.
Employer Responsibilities: Employers are required to maintain a safe working
environment and have insurance to cover workplace injuries.
Timeliness: Promptly reporting the injury and notification of the injury to DOSH is
crucial for the successful processing of your claim with DOSH.
Dispute Resolution: If there is a dispute regarding the claim, it can be addressed
first through the DOSH and subsequently as an appeal to the Employment and
Labour Relations Court. (ELRC).
Conclusion
Securing compensation for workplace injuries is essential for an employee’s recovery
and financial stability. To represent your case, Contact our Work Injury lawyers via Email: legal@ombogo.co.ke/Call: +254 771 775520 or +254
703 741276/Fill out the website contact forms.