Professional Documents
Culture Documents
ARRANGEMENT OF SECTIONS
Section
PART I ― PRELIMINARY
7―Employer to be insured.
8―Registration of employer.
9―Employer to keep records.
10―Right to compensation.
11―Accident outside Kenya.
12―Accidents during training for or performance of emergency Services.
13―Special circumstances in which Director may refuse award.
14―Special circumstance in which the Director may order compensation.
15―Employee requiring constant assistance.
16―Substitution of compensation for other legal remedies.
17―Claims against third parties.
18―Threats and compulsion.
19―Compensation not to be alienated.
20―Compensation not to form part of deceased employee‟s estate.
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The Work Injury Benefits Act, 2007
23―Inquiry by Director.
24―Particulars in support of claim.
25―Employee to submit to medical examination.
26―Claim for compensation.
27―Lapse of right to benefits.
PART V― COMPENSATION
45―First Aid.
46―Conveyance of injured worker.
47―Medical expenses.
48―Submission of medical report.
49―Fees for medical aid to be prescribed.
50―Contributions by employees towards cost of medical aid prohibited.
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53―Director.
54―False Statements.
55―General Penalty.
56―Regulations.
57―Repeal of Cap.236.
58―Savings.
SCHEDULES
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The Work Injury Benefits Act, 2007
PART I ― PRELIMINARY
Short title and 1. This Act may be cited as the Work Injury Benefits
commencement.
Act, 2007 and shall come into operation on such date as the
Minister may, by notice in the Gazette, appoint.
Interpretation. 2. In this Act, unless the context otherwise requires-
“accident” means an accident arising out of and in the
course and scope of an employee‟s employment and resulting
in personal injury;
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Meaning of
employer.
4.(1) In this Act, “employer” means any person who
employs an employee and includes―
Meaning of 5.(1) In this Act, employee means a person who has been
employee.
employed for wages or a salary under a contract of service and
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Meaning of
dependant.
6.(1) In this Act “dependant” means―
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Employer to keep
records.
9.(1) An employer shall –
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Compensation not 20. Compensation paid under this Act for the death of an
to part of deceased
employee‟s estate. employee shall not form part of the employee‟s estate.
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Lapse of right to 27.(1) A right to benefits in accordance with this Act shall
benefits.
lapse if the accident is not reported to the employer within
twelve months after the date of such accident.
(2) Notwithstanding the provisions of subsection (1), the
failure to report an accident to an employer as required in
subsection (1) is not a bar to compensation if it is proved that
the employer had knowledge of the accident from any other
source.
(3) Subject to section 26, failure to report an accident to
an employer as required in subsection (1), or any error or
inaccuracy in such a notice, is not a bar to compensation if―
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The Work Injury Benefits Act, 2007
PART V ― COMPENSATION
Compensation for 28. (1) An employee who suffers temporary total
temporary total or
partial disablement. disablement due to an accident that incapacitates the
employee for three days or longer is entitled to receive a
periodical payment equivalent to the employees earnings,
subject to the minimum and maximum amounts fixed by the
Minister from time to time, after consultation with the
Council.
(2) Compensation for temporary partial disablement
shall consist of a proportionate amount of the periodical
payment calculated as specified in subsection (1).
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but excluding―
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Fees for medical aid 49. The fees and charges for medical aid to a employee
to be prescribed.
shall be in accordance with the scale prescribed by the
Minister, from time to time, after consultation with the
Council and such bodies or associations representing medical
practitioners entitled to practice within Kenya as the Minister
may think fit, and no claim for an amount in excess of a fee in
accordance with that scale shall lie against any employer in
respect of any such medical aid.
Contributions by 50.(1) An employer who demands, receives, deducts
employees towards
cost of medical aid or recovers from an employee a contribution towards the cost
prohibited. of medical aid supplied or to be supplied in accordance with
the provisions of this Act, commits an offence.
Director‟s reply. 52.(1) The Director shall within fourteen days after
the receipt of an objection in the prescribed form, give a
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False statements. 54. Any person who in connection with a claim for
compensation in accordance with the provisions of this Act, or
in any return, notice, report or statement to be given, made or
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General penalty. 55. A person convicted of an offence under this Act for
which no other penalty is provided shall be liable to a fine not
exceeding two hundred thousand shillings or to imprisonment
for a term not exceeding one year or to both.
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(S.30)
FIRST SCHEDULE
DEGREE OF DISABLEMENT
Minimum degree of
disablement
(percentage).
A. DEATH
Death as result of accident ………………………………………..100
B. INJURY (GENERAL)
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9. Loss of thumb:-
both halanges……………………………………….. 25
one phalanx………………………………………… 10
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Where there are two or more injuries the sum of the percentages for such
injuries may be increased, at the discretion of the Director.
Minimum degree
of disablement
(percentage)
D. Injury to lower limb
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one foot………………………………………………… 25
two feet………………………………………………… 70
10. Loss of all toss of both feet distal to the proximal inter-
Phalangeal joint……………………………………………… 15
11. Loss of all toes of one foot proximal to the proximal inter-
phalangeal joint………………………………………… 15
12. Loss of all toes of one foot distal to the proximal inter-
phalangeal joint…………………………………………… … 10
14. Loss of toe other than great if more than one toe lost, each….. 1
Minimum
degree of
disablement
(percentage).
E. INJURY TO EYES
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Minimum degree of
disablement
(percentage).
F. INJURY - LOSS OF HEARING
G. GENERAL
(S. 38(1)))
SECOND SCHEDULE
OCCUPATIONAL DISEASES
Part 1
DESCRIPTION OF DESCRIPTION OF WORK
DISEASE Any Occupation involving:
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dioxide (dioxan).
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(c) Squamous-celled
carcinoma of the
skin, due in any case
to arsenic, tar, pitch,
bitumen mineral oil
(including paraffin),
soot or any
compound, product
or residue of any of
these
substances.
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THIRD SCHEDULE
(SS. 30,34,35,36)
DEPENDANT’S COMPENSATION
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