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Browse Acts ↓The Minister may, on the recommendation of the Director and in consultation with the Council, amend the First Schedule by notice in the Gazette: Provided that at least sixty days before any such amendment a notice shall be published in the Gazette stating- a) the intention to amend the First Schedul…
If as a result of an accident an employee sustains permanent disablement and at the time of the accident was an apprentice or in the process of being trained in any trade, occupation or profession, the earnings of the employee shall be calculated on the basis of the earnings to which an employee wou…
(1) In awarding compensation to an employee in respect of permanent disablement or in reviewing an award of compensation, the Director may take into account any compensation awarded to the employee in accordance with this Act or any other law, to the employee as a result of the permanent disablement…
(1) If an employee dies as a result of an injury caused by an accident, compensation shall be paid to the dependants of the employee in accordance with the provisions of the Third Schedule, subject to the maximum and minimum amount determined by the Minister after consultation with the Council. (2)…
The Minister may, on the recommendation of the Director, and after consultation with the Board, amend the Third Schedule by notice in the Gazette in respect of the nature, extent, minimum and maximum amount of benefits— Provided that at least sixty days before any such amendment a notice shall be pu…
(1) Compensation payable in accordance with the provisions of this Act may, for reasons deemed by the Director to be sufficient, be— (a) paid to the employee or the dependant of an employee entitled thereto, or to any other person on behalf of such employee or dependant, in instalments or in such ot…
(1) In order to determine compensation, the earnings of an employee are deemed to be the monthly rate at which the employee was being remunerated by the employer at the time of the accident, including— (a) the value of any rations, living quarters or both supplied by the employer to the employee to…
(1) Subject to the provisions of this Act, an employee is entitled to compensation in accordance with this Act, if the employee— (a) contracts a disease specified in the Second Schedule that arose out of and in the course of the employee’s employment; or (b) contracts any other disease that arose ou…
If an employee who has contracted an occupational disease specified in the Second Schedule was employed in any work mentioned in that Schedule in respect of that disease, it shall be presumed, unless the contrary is proved, that the disease arose out of and in the course of his employment.
(1) Compensation for an occupational disease shall be calculated on the basis of the earnings of the employee calculated in accordance with the provisions of section 35— (a) at the time of the commencement of the disease; or (b) such earlier date as a medical practitioner may determine, if the emplo…
(1) An employee shall as soon as possible after the commencement of an occupational disease give written notice thereof to the employer or to the employer where the employee was last employed, and in the prescribed manner to the Director. (2) An employer shall, within fourteen days after receiving n…
(1) For purposes of this Act, the commencement of an occupational disease is deemed to be the date on which a medical practitioner diagnosed that disease for the first time or such earlier date as the medical practitioner may determine if it is more favourable to the employee. (2) The provisions of…
The Minister may, on the recommendation of the Council and in consultation with the Director, amend the Second Schedule by notice in the Gazette, in respect of the description of diseases and work: Provided that at least sixty days before any such amendment a notice shall be published in the Gazette…
(1) The Director may, after consultation with the Council and in consultation with the Director of Medical Services, appoint medical advisory panels which shall consist of such members as may be necessary to— (a) assist with regard to the diagnosis of occupational diseases in individual cases; (b) a…
(1) An employer shall provide and maintain such appliances and services for the rendering of first aid to his employees in case of any accident as may be prescribed in any other written law in respect of the trade or business in which the employer is engaged. (2) Any employer who fails to comply wit…
(1) If an employee is injured in an accident, which necessitates the employee’s conveyance to a hospital medical facility or from a hospital or medical facility to the employee’s residence, the employer shall make the necessary conveyance available. (2) An employer or anyone in charge of the work in…
(1) Subject to the provisions of this section, an employer shall defray any expenses reasonably incurred by an employee as the result of an accident arising out of, and in the course of the employers employment in respect of the following matters— (a) dental, medical, surgical or hospital treatment;…
(1) A medical practitioner who examines an employee shall within fourteen days after the first examination of the employee injured in an accident or within fourteen days after having diagnosed an occupational disease, furnish a medical report to the Director in the prescribed manner. (2) Where the e…
The fees and charges for medical aid to a employee 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 f…
(1) An employer who demands, receives, deducts or recovers from an employee a contribution towards the cost of medical aid supplied or to be supplied in accordance with the provisions of this Act, commits an offence. (2) If an employer has been convicted of contravening subsection (1), the Director…
(1) Any person aggrieved by a decision of the Director on any matter under this Act, may within sixty days of such decision, lodge an objection with the Director an objection against such decision. (2) The objection shall be in writing in the prescribed form accompanied by particulars containing a c…
(1) The Director shall within fourteen days after the receipt of an objection in the prescribed form, give a written answer to the objection, varying or upholding his decision and giving reasons for the decision objected to, and shall within the same period send a copy of the statement to any other…
(1) There shall be a Director of Work Injury Benefits who shall be responsible for the management of this Act. (2) The Director of Work Injury Benefits shall perform the following functions— (a) register employers; (b) supervise the implementation of this Act; (c) ensure that all employers insure th…
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 furnished under this Act, makes or causes to be made any statement which is false in any material respect, knowing it to be fal…
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.
(1) The Minister may make regulations for the purpose of giving better effect to the provisions of this Act and, without prejudice to the generality of the foregoing power, the Minister may make Regulations— (a) prescribing procedure, forms and fees; prescribing anything which is to be or may be pre…
The Workman’s Compensation Act is repealed.
(1) Any regulation or other instrument made or issued under the Workmen’s Compensation Act and having effect before the commencement of this Act shall continue to have effect as if such regulation or other instrument were made or issued under this Act. (2) Any claim in respect of an accident or dise…