The Work Injury Benefits Act (WIBA) is a legal framework in Kenya designed to provide compensation to employees who suffer injuries, disabilities, or death while performing their work duties. It ensures that employers take responsibility for workplace safety and guarantees financial support for workers affected by job-related accidents or illnesses.
Key Objectives of WIBA
- Employee Protection – Ensures workers receive fair compensation for injuries sustained in the course of employment.
- Employer Responsibility – Holds employers accountable for maintaining a safe working environment.
- Financial Support – Provides employees and their dependents with financial benefits in case of injury, disability, or death.
- Medical Coverage – Ensures injured employees receive necessary medical treatment and rehabilitation services.
Scope of WIBA Coverage
1. Who is Covered Under WIBA?
- All employees working under a contract of service, including permanent, casual, and contract workers.
- Public and private sector employees.
- Both local and foreign workers employed in Kenya.
2. What Does WIBA Cover?
- Workplace Injuries – Covers injuries sustained while performing official job duties.
- Occupational Diseases – Covers illnesses caused by work conditions (e.g., exposure to chemicals, dust, or noise).
- Temporary & Permanent Disability – Provides compensation for both temporary and permanent disabilities resulting from work-related incidents.
- Medical Expenses – Covers the cost of medical treatment, rehabilitation, and therapy.
- Loss of Earnings – Offers compensation for lost wages due to injury-related absences.
- Death Benefits – Provides financial support to dependents of employees who die due to work-related injuries or illnesses.
WIBA Benefits & Compensation Structure
1. Medical Expenses Coverage
Employers are responsible for covering medical bills, including hospitalization, surgery, medication, and rehabilitation subject to the policy limit.
2. Temporary Disability Compensation
Employees unable to work due to injury are entitled to periodic payments determined their monthly earnings, paid for up to one year.
3. Permanent Disability Compensation
If an employee suffers a permanent disability, compensation is calculated based on their monthly earnings and degree of disability. The compensation amount is determined by a medical assessment.
4. Fatal Accidents & Death Benefits
If an employee dies due to work related injuries, their dependents receive compensation equal to 96 months (8 years) of their last monthly earnings, subject to a legal maximum limit.
5. Funeral expenses as per the policy limits
Employer’s Responsibilities Under WIBA
- Provide a Safe Working Environment – Employers must take necessary precautions to prevent workplace accidents.
- Report Workplace Accidents Promptly – Employers must notify relevant authorities within 7 days of a workplace injury or death.
- Ensure Employees Receive Medical Treatment – Employers are responsible for covering medical costs incurred due to work-related injuries.
- Compensate Injured Employees – Employers must process claims and ensure employees receive due benefits.
- Obtain WIBA Insurance Coverage – Employers must have WIBA-compliant insurance to cover employees’ work-related injuries.
How to Claim WIBA Compensation
- Report the Injury – The employee or employer must report the workplace accident to the relevant authorities.
- Medical Assessment – The injured worker undergoes a medical examination to determine the extent of the injury.
- Submission of Claim – The claim is submitted to the Director of Occupational Safety and Health Services (DOSHS) for approval.
- Compensation Approval – If the claim is valid, compensation is calculated and paid accordingly.
- Payout to Employee/Dependents – The injured worker or their dependents receive the approved benefits.
WIBA Insurance – Why It’s Essential for Employers
Kenyan law mandates all employers to have WIBA Insurance to protect their employees from work-related injuries and illnesses. This insurance ensures that the employer does not suffer financial strain in case of multiple injury claims.
Benefits of WIBA Insurance for Employers
- Legal Compliance – Helps businesses meet Kenyan labor laws and avoid penalties.
- Financial Protection – Covers costly medical expenses and compensation claims.
- Employee Well-being – Ensures workers receive timely medical care and compensation.
- Business Continuity – Reduces financial losses due to workplace accidents.
The Work Injury Benefits Act (WIBA) is a crucial law that protects employees and employers by ensuring workplace injuries and diseases are adequately compensated. By securing WIBA Insurance, employers can comply with legal requirements and safeguard their workforce, while employees gain financial security in case of job related accidents.
If you’re an employer, ensure your WIBA insurance is up to date to protect your business and employees. Need help finding the best WIBA cover? Contact us today for expert guidance.
GET QUOTE