UNDERSTANDING THE WORK INJURY BENEFITS ACT (WIBA)

In today’s unpredictable world, ensuring financial security in the face of accidents or workplace injuries is paramount. WIBA compensates employees for work-related injuries and diseases contracted during employment in line with the Work Injury Benefits Act, 2007. This article explains the complexities of WIBA and its significance.

BENEFITS

• Death – Death that arises following an accident at work or an occupational disease as specified in the WIBA Act. The employee should be on duty during the time of death or contraction of the illness.
• Permanent Total Disablement – Disability resulting from work accidents that affect your ability to work for the rest of your life. The benefits will be paid out according to the percentages set in the first schedule of the Work Injury Benefits Act, 2007.
• Temporary Total Disablement – Disability that hinders one’s ability to work in their usual work capacity for more than three days.
• Medical Expenses– These are costs incurred by an employee caused by work-related injuries or illnesses. The limit provided under the policy can be negotiated upon, before the start of the policy.
• Funeral Expenses – This is a fixed amount paid to an employee’s relative upon his/her demise to ease the financial burden of holding the funeral.
• Occupational Illness– Provides financial assistance to employees who suffer from health conditions directly attributed to their work environment or duties.

COMPENSATION

• Death – Maximum of 96 months’ earnings.
• Permanent Total Disablement – Maximum of 96 months’ earnings.
• Temporary Total Disablement –Weekly earnings for 52 weeks.
• Medical Expenses – Minimum of KES 30,000.
• Funeral Expenses – Minimum of KES 30,000.
• Occupational Illness – Maximum KES 5,000,000.

IMPORTANCE OF  WIBA:

• Legal Compliance: The policy ensures that as an employer you stay compliant and updated with the Work Injury Benefits Act, 2007 which will help mitigate legal risks and non-compliance fines.
• Financial Security: WIBA ensures that employees and their families receive financial support in case of work-related injuries or disabilities.
• Peace of Mind: It covers medical expenses incurred from work-related injuries or illnesses.
• Reduced Financial Liability for Employers: By providing compensation through WIBA, employers can mitigate the financial burden of workplace injuries. This can include medical expenses, rehabilitation costs, and potential legal fees associated with lawsuits.

COVER/POLICY EXCLUSIONS:

• Any injuries sustained outside the scope of employment.
• Any injury by accident or disease sustained by an employee outside Kenya.
• Any injury by accident or disease sustained by any employee who is below the age of eighteen years.
• Willful Misconduct by employee.
• Legal liability which is not provided for under WIBA.
• Contractual liability.
• Liability to employees of sub-contractors.
• Injury, accident, or disease sustained outside the geographical area.
• Pneumoconiosis, asbestosis, silicosis and byssinosis.
• Suicide or attempted suicide.
• Accidents due to intoxicating liquor or drugs.
• Mountaineering & Aircrew duties.
• Others as per the provisions of the Work Injury Benefits Act, 2007.

APPLICATION REQUIREMENTS

Documents needed:

• Certificate of Incorporation
• KRA Pin Certificate
• Schedule of Employees

Information Needed:

• Nature of Business
• All locations of the Business
• Number of employees
• Nature of work for all the employees
• Desired limits of liability
• Nature of contract between employees and employer – contract, permanent employee, temporary employee
• Annual earnings for each employee

FAQs:

• What types of injuries are covered under WIBA?

Accidental injuries, occupational diseases, and fatal injuries.

• How long does it take to process a WIBA claim?

The claim processing time varies from case to case due to several factors including but not limited to claim complexity, documentation, and investigation.

• Are all employees eligible for WIBA coverage?

The employee coverage depends on the nature of the employment contract and occupation.

• Will I receive compensation if I get an injury outside work?

No, but you can extend your policy to cover employees’ accidental injury outside work.

• What happens if I am sent on assignment outside the country? Will my cover still be applicable?

Yes, the employee will be compensated based on the earnings he/she would have received if they had remained in Kenya. However, if an employee is deployed outside continuously for twelve months, they are not covered.

• What are some of the examples of occupational diseases?

WIBA covers various diseases/illnesses, depending on the occupation. Some of them include poisoning by various substances like nitrous fumes and tuberculosis as a research employee engaged in research in connection with tuberculosis.

• Am I eligible for compensation if I’m injured while working from home?

Yes, this is covered if the employer has given the directive and depending on the circumstances surrounding the injuries.

In conclusion, the Workmen Injury Benefits Act (WIBA) plays a crucial role in providing financial security and support to employees in the event of work-related injuries or disabilities. By understanding the scope of coverage, benefits, and application process, employers and employees can ensure compliance with WIBA regulations and access the necessary support when needed.

Article by Hadassah Githaka