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.

Key Legal Frameworks

1. The Work Injury Benefits Act (WIBA), 2007

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

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

This Act governs employment relationships in Kenya and includes provisions for the welfare of employees, including those injured at work.

Step-by-Step Procedure for Filing a Claim

1. Report the Injury

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

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

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 DOSHS

Your employer must notify the Director of Occupational Safety and Health Services (DOSHS) 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

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

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

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

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 Available

  1. Medical Expenses: Covers the cost of medical treatment, including hospitalization, surgery, medication, and rehabilitation.
  2. Temporary Disability: Compensation for temporary loss of earnings due to the inability to work while recovering from the injury.
  3. Permanent Disability: Compensation for permanent impairment or loss of function resulting from the injury.
  4. Death Benefits: 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 today.