Employees to be Compensated 70% of Salary Over Work-related Injuries in New Proposal

Back pain
Illustration of a person suffering back pain.
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Kinney Physical Therapy

Employees injured during work will be compensated 70 per cent of their monthly earnings at the time of the accident.

This is according to the Worker’s Injury Compensation Bill, 2024, prepared by the Ministry of Labour and currently under the public participation stage. 

This provision will be applicable to employees who at the time of injury suffer temporary total disablement. 

“Temporary total disablement means the temporary total inability of the employee to perform the work at which the employee was employed at the time of the accident or at the time of contracting an occupational disease,” the Bill explains.

Bore
Labour Cabinet Secretary Florence Bore
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Ministry of Labour and Social Protection

According to the Bill, the same will also be applied when an employee cannot work a similar job to the one where he got temporary total disablement. 

The compensation will be drawn from a government-controlled Workers Compensation Fund, which will be a kitty receiving employers’ mandatory contributions. 

“Notwithstanding any provision of this Act, the employer in whose service an employee is at the time of the accident shall be liable for the payment of the compensation of the first month from the date of the accident,” it is expounded further. 

The employer will then be refunded the money paid to the employee by the Director General of the Workers Compensation Fund.

Should the employer not pay the required amount, he will be deemed to have committed an offence and shall on conviction be liable to a fine not exceeding one million or imprisonment for a term not exceeding three years.

According to the Ministry of Labour, once the Bill is passed into law, the Act will apply to employers in all private and public sectors. 

This will include but not be limited to persons working in cooperatives, clubs, groups or any other formal association of persons. 

“Payment of compensation shall take place in the form of periodical payments at such intervals, not exceeding one month,” it is explained. 

Parliament
National Assembly proceedings on February 21, 2024.
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National Assembly of Kenya
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