The Work Injury Benefits Act CAP 236 — Sections and Provisions

Section 1 of The Work Injury Benefits Act CAP 236: Short title and commencement.

This Act may be cited as the Work Injury Benefits Act, and shall come into operation on 2nd June, 2008.

Section 2 of The Work Injury Benefits Act CAP 236: Interpretation

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; “Board” means the National Labour Board; “compensation” means compensation as provided for under this Act and incl…

Section 3 of The Work Injury Benefits Act CAP 236: Application

This Act shall apply to all employees, including employees employed by the Government, other than the armed forces, in the same way and to the same extent as if the Government were a private employer.

Section 4 of The Work Injury Benefits Act CAP 236: Meaning of employer

(1) In this Act, “employer” means any person who employs an employee and includes— (a) the legal personal representative of a deceased employer; (b) any person controlling the business of an employer; and (c) the Government. (2) If the services of an employee are temporarily lent or let on hire to a…

Section 5 of The Work Injury Benefits Act CAP 236: Meaning of employee

(1) In this Act, employee means a person who has been employed for wages or a salary under a contract of service and includes an apprentice or indentured learner. (2) Sub-section (1) applies irrespective of whether the contract is expressed or implied, is oral or in writing, and whether the remunera…

Section 6 of The Work Injury Benefits Act CAP 236: Meaning of dependant

In this Act “dependant” means— (a) the widow or widower of an employee; (b) a child of the employee who has not attained the age of eighteen years including a posthumous child , a stepchild and an adopted child, adopted prior to the accident, but excluding a child who is married or who is self suppo…

Section 7 of The Work Injury Benefits Act CAP 236: Employer to be insured

(1) Every employer shall obtain and maintain an insurance policy, with an insurer approved by the Minister in respect of any liability that the employer may incur under this Act to any of his employees. 2) The Minister may exempt from the provisions of subsection (1), an employer who provides and ma…

Section 8 of The Work Injury Benefits Act CAP 236: Registration of employer

(1)Every employer carrying on business in Kenya shall within the prescribed period and in the prescribed manner— (a) register with the Director; (b) furnish the Director with the prescribed particulars of their business; and (c) within a period determined by the Director furnish additional particula…

Section 9 of The Work Injury Benefits Act CAP 236: Employer to keep records

(1) An employer shall— (a) keep a register or other record of the earnings and other prescribed particulars of all employees; (b) at all reasonable times produce the register or record on demand to the Director for inspection; and (c) retain the register, record or reproduction referred to in paragr…

Section 10 of The Work Injury Benefits Act CAP 236: Right to compensation

1) An employee who is involved in an accident resulting in the employee’s disablement or death is subject to the provisions of this Act, and entitled to the benefits provided for under this Act. (2) An employer is liable to pay compensation in accordance with the provisions of this Act to an employe…

Section 11 of The Work Injury Benefits Act CAP 236: Accident outside Kenya

(1) If an employer carries on business chiefly in Kenya and an employee ordinarily employed in Kenya is injured in an accident while temporarily deployed outside Kenya, the employee is, subject to subsection (3), entitled to compensation as if the accident had happened in Kenya. (2) The compensation…

Section 12 of The Work Injury Benefits Act CAP 236: Accidents during training for or performance of emergency services

If an employee is injured in an occupational accident or contracts an occupational disease while the employee, with the consent of the employer, is engaged in any organized first aid, ambulance or rescue work, fire-fighting or other emergency service, the accident or disease is for the purposes of t…

Section 13 of The Work Injury Benefits Act CAP 236: Special circumstances in which Director may refuse award

The Director may refuse to grant compensation under this Act to an employee if— (a) the employee at any time represented to the employer, knowing the information to be false, that he was not suffering from or had not previously suffered from a serious injury or occupational disease or any other seri…

Section 14 of The Work Injury Benefits Act CAP 236: Special circumstances in which the Director may order compensation.

If in a claim for compensation under this Act it appears that the contract of service apprenticeship or learnership of the employee concerned is invalid, the Director may approve compensation for the claim as if the contract was valid at the time of the accident.

Section 15 of The Work Injury Benefits Act CAP 236: Employee requiring constant assistance

(1) If an injury in respect of which compensation is payable causes disablement of such a nature that the employee is unable to perform the essential functions of life without the constant assistance of another person, the Director shall grant an allowance in addition to any other benefit provided f…

Section 16 of The Work Injury Benefits Act CAP 236: Substitution of compensation for other legal remedies

No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational accident or disease resulting in the disablement or death of such employee against such employee’s employer, and no liability for compensation on the part of such employer sh…

Section 17 of The Work Injury Benefits Act CAP 236: Claims against third parties

(1) If an occupational accident or disease in respect of which compensation is payable, was caused in circumstances resulting in another person other than the employer concerned (in this section referred to as the ‘third party’) being liable for damages in respect of such accident or disease— (a) th…

Section 18 of The Work Injury Benefits Act CAP 236: Threats and compulsion

Any person who threatens an employee or in any manner compels or influences an employee to do something resulting in or directed at the deprivation of that employee’s right to benefits in terms accordance with this Act commits an offence.

Section 19 of The Work Injury Benefits Act CAP 236: Compensation not to be alienated

(1) Notwithstanding any provision to the contrary in any written law, compensation shall not be— (a) assigned or pledged; (b) capable of attachment or any form of execution under a judgment or order of a court of law; or (c) set off against any debt of the person entitled to the compensation. (2) An…

Section 20 of The Work Injury Benefits Act CAP 236: Compensation not to part of deceased employee’s estate

Compensation paid under this Act for the death of an employee shall not form part of the employee’s estate.

Section 21 of The Work Injury Benefits Act CAP 236: Notice of accident by employee to employer

Written or verbal notice of any accident provided for in section 22 which occurs during employment shall be given by or on behalf of the employee concerned to the employer and a copy of the written notice or a notice of the verbal notice shall be sent to the Director within twenty-four hours of its…

Section 22 of The Work Injury Benefits Act CAP 236: Compensation not to part of deceased employee’s estate

(1) Subject to the provisions of this section, an employer shall report an accident to the Director in the prescribed manner within seven days after having received notice of an accident or having learned that an employee has been injured in an accident. (2) For the purposes of this section, an acci…

Section 23 of The Work Injury Benefits Act CAP 236: Inquiry by Director

(1) After having received notice of an accident or having learned that an employee has been injured in an accident the Director shall make such inquiries as are necessary to decide upon any claim or liability in accordance with this Act. (2) An inquiry made under subsection (1) may be conducted conc…

Section 24 of The Work Injury Benefits Act CAP 236: Particulars in support of claim

(1) An employee who is injured in an accident or his dependant, shall, when reporting the accident or thereafter at the request of the employer or Director, furnish such information and documents as may be prescribed or as the employer or Director may request. (2) An employer shall, within seven day…

Section 25 of The Work Injury Benefits Act CAP 236: Employee to submit to medical examination

(1) An employee who claims compensation or to whom compensation has been paid or is payable, shall when required by the Director or the employer as the case may be, after reasonable notice, submit himself at the time and place mentioned in the notice to an examination by the medical practitioner des…

Section 26 of The Work Injury Benefits Act CAP 236: Claim for compensation

(1)A claim for compensation in accordance with this Act shall be lodged by or on behalf of the claimant in the prescribed manner within twelve months after the date of the accident or, in the case of death, within twelve months after the date of death. (2) If a claim for compensation is not lodged i…

Section 27 of The Work Injury Benefits Act CAP 236: Lapse of right to benefits

(1) A right to benefits in accordance with this Act shall 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) i…

Section 28 of The Work Injury Benefits Act CAP 236: Compensation for temporary total or partial disablement

(1) An employee who suffers temporary total disablement due to an accident that incapacitates the employee for three days or longer is entitled to receive a periodical payment equivalent to the employee's earnings, subject to the minimum and maximum amounts fixed by the Minister from time to time, a…

Section 29 of The Work Injury Benefits Act CAP 236: Expiry of compensation for temporary total or partial disablement

(1) The right to compensation for temporary, total or partial disablement expires— (a) upon the termination of the disablement or if the employee resumes work ; (b) if the employee resumes any other work at the same or greater earnings; or (c) if the employee is awarded compensation for permanent di…

Section 30 of The Work Injury Benefits Act CAP 236: Compensation for permanent disablement

(1) Compensation for permanent disablement shall be calculated on the basis of ninety-six months earnings subject to the minimum and maximum amounts determined by the Minister, after consultation with the Board, and set out in the Third Schedule. (2) If an employee has sustained an injury specified…