Work Injury Benefits Act: Kenya’s Approach to Protecting Injured Workers

According to the International Labor Organization (ILO), more than 2.7 million workers die every year due to work-related accidents and diseases.

WIBA: Promoting worker safety and financial security

This translates to a daily count of almost 7,400 employees per day. The ILO also estimates that 395 million workers worldwide will have suffered non-fatal occupational injuries by November 2023.

These staggering statistics underscore the ongoing challenges in ensuring safe and healthy work environments worldwide.

In here KenyaAccording to the Directorate of Occupational Safety and Health Services, 4,357 workers were involved in accidents at various workplaces between July 1, 2023 and May 1, 2024.

Of these, 118 were fatal, or three percent of the total number.

To meet the growing need for safe workplaces, Kenya has adopted and implemented legislation and guidelines to protect the well-being of its workers.

These include the Labor law of 2007, the Occupational Safety and Health Act of 2007, and the Industrial Accidents Act (WIBA) which was also introduced in 2007.

The WIBA Act, which succeeds the repealed Workmen’s Compensation Act, serves as an essential shield, protecting workers from the financial and emotional devastation associated with work-related injuries and illnesses.

According to this law, all employers must take out and maintain insurance for their employees with a recognized insurer.

How WIBA insurance works and what it covers

This ensures that if an employee is injured at work or develops an illness as a result of their working conditions, he or she will be eligible.

This makes WIBA a mandatory insurance product for employers, reassuring employees that they are protected against the risk of financial hardship that may arise from workplace incidents.

According to the Association of Kenya Insurers (AKI) 2022 Industry Report, insurance covers arising from the Industrial Accidents Act (WIBA) recorded a gross written premium (the total amount of money an insurer collects from its customers in exchange for insurance policies) of KES 13.3 billion in 2022, an increase of 9.85% compared to KES 12.15 billion in 2021.

WIBA covers a wide range of benefits, including medical expenses, wage replacement, disability benefits and death benefits.

This comprehensive coverage ensures that employees and their families do not have to bear the financial burden alone. It ensures that workers receive the necessary support to recover and rebuild their lives by requiring employers to provide insurance coverage.

To benefit from WIBA, employees must first report any work-related injury or illness to their respective employer as soon as it occurs. Employers, in turn, are legally required to report these cases within seven days of notification to their respective insurance company, which will initiate the process of reviewing the report.

Once the relevant report has been validated, the injured worker will be allowed to file a compensation claim within twelve months of the date of the accident. The sum of compensation is calculated based on the severity of the injury, potential loss of income and other related factors.

WIBA plays a critical role in the Kenyan employment framework by protecting workers from the financial impact of work-related injuries and illnesses. WIBA advocates various forms of compensation for employees.

One of the many benefits is coverage of medical treatment costs resulting from injury or illness in the workplace. This includes doctor consultations, hospital visits and medication costs, ensuring employees receive the necessary quality care without financial burden or hassle.

Secondly, if an employee is temporarily unable to work due to an accident, he will be compensated for his lost wages. This is usually paid as a percentage of the employee’s income during the recovery period.

If the injury leads to permanent disability, WIBA lobbies for compensation based on the degree of disability. The level of compensation is calculated according to a predefined scale, ensuring fairness and adequate financial support.

However, in the unfortunate event of a work-related death, WIBA provides legislation that guarantees compensation to the surviving relatives of the deceased employee. This compensation helps the family cope with the loss of income after the death of their main breadwinner.

In addition, funeral expenses are reimbursed for employees who die as a result of a workplace accident, easing the financial burden on their families during this difficult time.

Another benefit of WIBA is the way it insists on covering illnesses contracted as a direct result of an employee’s work environment. Workers suffering from such occupational diseases are entitled to the same benefits as workers injured in industrial accidents.

Challenges and benefits of complying with the Work Injury Benefits Act

Workplace injuries and illnesses can significantly hinder an employee’s ability to earn and live on their own income, as the costs associated with medical treatment or disability can be overwhelming.

WIBA steps in to ensure that employees do not just have to bear the full burden of these incidents, but instead steps in to provide a safety net that provides compelling financial support from their employers when it is needed most.

However, WIBA’s success depends on continued cooperation between employers, employees and the government as a whole.

By ensuring WIBA compliance and leveraging insurers’ expertise, companies can protect their employees and create safer, healthier workplaces for everyone.

The writer is Dominic Kamonjo General Manager Retail and SME at Minet Kenya

The opinions expressed here are those of the writer and do not in any way represent the position of TUKO.co.ke.

Source: TUKO.co.ke