Work Injury Benefits Act: When an Employer Can Deny You Compensation for Injury

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As more and more Kenyans join the workforce to earn a living and contribute to the country’s development, the government is introducing laws to protect their rights.

One of the laws is the Work Injury Benefits Act which focuses on employees’ compensation if injured at work.

 It applies to all employees, including those employed by the Government other than the Armed Forces.

According to the Act, an employee is entitled to compensation and insurance coverage while working for any employer in the country.

This compensation may be more if the employee is disabled or dies following an injury at work.

An image of employees working at a factory in Kenya

Photo

Burn Stoves

However, there are two scenarios when the employee may be denied the compensation.

 One of the instances is if the employee lies about the injury and its effects.

“The Director may refuse to grant compensation under this Act to an employee if the employee at any time represented to the employer, knowing the information to be false, that he was not offering from or had not previously suffered from a serious injury or occupational disease or any other serious disease, and such an accident or occupational disease was caused by, or the death resulted from or the disablement resulted from or was aggravated by such injury or disease,” reads part of the Act.

Additionally, an employee may be denied compensation if the Director believes that the death or disablement was caused, prolonged, or aggravated by the unreasonable refusal or willful neglect of the employee to submit to medical aid in respect of any injury or disease, whether caused by the accident or existing before the accident.

The compensation given to employees may also expire in three instances. If the employee is awarded compensation for permanent disability or if they return to work.

Meanwhile, the Act outlines different circumstances when an employee may be compensated.

Per the Act, an employee who suffers temporary total disablement due to an accident that incapacitates them for three days or longer is entitled to receive a periodical payment equivalent to the earnings subject to the minimum and maximum amounts fixed by the CS from time to time after consultation with the  National Council for Occupational Safety and Health.

If the temporary disablement continues for less than 12 months, the employee shall receive periodical payments. However, an employee is not entitled to receive a periodical payment during any period in which they are receiving full pay.

“The periodical payment of an employee who is receiving part payment of remuneration shall be reduced so that the employee does not receive more than the employee would otherwise have earned,” reads part of the Act.

If the employee dies due to an injury at work, the compensation goes to the dependants including the wife, children, parent, brother or sister.

A gathering of County government workers

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Kenya County Government Workers Union



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