The Work Injury Benefits Act Cap 236 in Kenya

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Search Results...

58 sections

• Section 32 of The Work Injury Benefits Act CAP 236: Compensation for permanent disablement of employee in training
  

  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...

  
  
• Section 33 of The Work Injury Benefits Act CAP 236: Compensation to employee previously in receipt of compensation
  

  (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...

  
  
• Section 34 of The Work Injury Benefits Act CAP 236: Amount of compensation in case of death
  

  (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....

  
  
• Section 35 of The Work Injury Benefits Act CAP 236: Amendment of Third Schedule
  

  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...

  
  
• Section 36 of The Work Injury Benefits Act CAP 236: Payment of compensation
  

  (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...

  
  
• Section 37 of The Work Injury Benefits Act CAP 236: Manner of calculating earnings
  

  (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...

  
  
• Section 38 of The Work Injury Benefits Act CAP 236: Compensation in respect of scheduled and unscheduled diseases
  

  (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...

  
  
• Section 39 of The Work Injury Benefits Act CAP 236: Presumption regarding cause of occupational disease
  

  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.

  
  
• Section 40 of The Work Injury Benefits Act CAP 236: Calculation of compensation
  

  (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...

  
  
• Section 41 of The Work Injury Benefits Act CAP 236: Notice of occupational disease by employee and employer
  

  (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...

  
  
• Section 42 of The Work Injury Benefits Act CAP 236: Date of occupational disease
  

  (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...

  
  
• Section 43 of The Work Injury Benefits Act CAP 236: Amendment of Second Schedule.
  

  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...

  
  
• Section 44 of The Work Injury Benefits Act CAP 236: Appointment of medical advisory panels
  

  (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;...

  
  
• Section 45 of The Work Injury Benefits Act CAP 236: First Aid
  

  (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...

  
  
• Section 46 of The Work Injury Benefits Act CAP 236: Conveyance of injured worker
  

  (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...

  
  
• Section 47 of The Work Injury Benefits Act CAP 236: Medical expenses
  

  (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...

  
  
• Section 48 of The Work Injury Benefits Act CAP 236: Submission of medical report
  

  (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...

  
  
• Section 49 of The Work Injury Benefits Act CAP 236: Fees for medical aid to be prescribed
  

  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...

  
  
• Section 50 of The Work Injury Benefits Act CAP 236: Contributions by employees towards cost of medical aid prohibited
  

  (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...

  
  
• Section 51 of The Work Injury Benefits Act CAP 236: Objections and appeals against decisions of 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...

  
  
• Section 52 of The Work Injury Benefits Act CAP 236: Director’s reply
  

  (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...

  
  
• Section 53 of The Work Injury Benefits Act CAP 236: Director
  

  (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...

  
  
• Section 54 of The Work Injury Benefits Act CAP 236: False statements
  

  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...

  
  
• Section 55 of The Work Injury Benefits Act CAP 236: General penalty
  

  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.

  
  
• Section 56 of The Work Injury Benefits Act CAP 236: Regulations
  

  (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...

  
  
• Section 57 of The Work Injury Benefits Act CAP 236: Repeal of Cap. 236
  

  The Workman’s Compensation Act is repealed.

  
  
• Section 58 of The Work Injury Benefits Act CAP 236: Savings
  

  (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...