A workplace injury raises urgent questions about treatment, income and who pays. The Work Injury Benefits Act 2007 (WIBA) provides compensation for employees who are injured at work or who contract an occupational disease in the course of employment. This guide explains what the Act covers, how an accident is reported and assessed, the records that decide a claim and the options when an employer or an insurer disputes it.
Quick answer: report the injury to the employer at once, obtain treatment and keep every medical and earnings record. The employer is required to report a fatal accident to the Directorate of Occupational Safety and Health Services within 24 hours, and a non-fatal accident within 7 days. If the claim is delayed or disputed, ask for the reasons in writing and take advice before signing anything.
What WIBA covers
WIBA applies to work-related personal injury and to occupational diseases contracted in the course of employment. The Directorate of Occupational Safety and Health Services (DOSHS), which administers the scheme within the Ministry of Labour, describes the Act as providing compensation to employees for work-related injuries and occupational diseases, and records that it replaced the Workmen’s Compensation Act (Cap 236) when it came into operation on 2 June 2008.
A WIBA claim is assessed under the Act’s own scheme rather than by proving negligence in the ordinary way. That does not remove the employer’s separate duties under occupational safety and health law, and it does not mean that every injury is compensable: the injury must arise out of and in the course of employment. Where the employer has not taken out WIBA insurance cover, the Ministry of Labour’s occupational safety and health guidance states that the employer remains responsible for the claim.
What to do immediately after an injury
The first steps protect both health and evidence. Report the injury to a supervisor so that it enters the accident register, and seek medical treatment without delay. Keep every medical record, prescription, receipt and discharge note. Record the names and contacts of witnesses, and photograph the scene, equipment or injury if it is safe to do so.
Keep your employment contract, payslips and any records of allowances, overtime or fixed payments. Earnings are central to the assessment, and reconstructing them months later is harder than keeping them from the start. Follow the treatment plan and attend reviews and examinations arranged by the employer, the insurer or DOSHS.
Do not sign a release or settlement while the extent of the injury is unknown. Ask for any offer to be put in writing and take advice before accepting it.
How the accident is reported and investigated
Reporting is the employer’s duty, but the employee should confirm that it has happened. The Ministry of Labour’s occupational safety and health page states that an employer must report an accident to the DOSHS county office within 24 hours if the accident is fatal, and within 7 days if it is not fatal, using the DOSHS 1 form. The report starts an investigation: a county DOSHS officer visits the workplace and writes a report on the nature, cause and impact of the accident. That record is then used as the basis for seeking compensation under WIBA. When the claim is accepted and paid, DOSHS issues a payment certificate (WIBA 7) and closes the investigation file.
If the employer has not reported the accident, raise it with the county DOSHS office and keep a written record of the report you make. Delay can affect both the investigation and the claim.
How compensation is assessed
Compensation under WIBA is assessed by reference to the employee’s earnings and the nature and degree of disablement, whether temporary or permanent. A fatal accident gives rise to payments to the employee’s dependants. The assessment is therefore a documentary exercise: the medical evidence establishes the injury, and the earnings evidence establishes the base for calculating the benefit.
| What is considered | Records that support it |
|---|---|
| Earnings at the date of injury | Contract, payslips, bank or mobile money statements, allowance records |
| Nature and degree of injury | Treatment notes, medical reports, specialist opinions, review notes |
| Period of incapacity | Medical certificates and attendance records |
| Dependants, in a fatal claim | Marriage, birth and dependency records |
| Insurance position | Employer’s WIBA cover details and the DOSHS file |
Where the injury is disputed, an independent medical examination may be arranged. Attend it and, if the report is inconsistent with your treatment records, raise the inconsistency in writing early.
Documents that decide a claim
- The employer’s accident report and the DOSHS 1 form reference.
- Witness details and statements, and photographs of the scene, equipment or injury.
- Treatment records and receipts for treatment and travel.
- The contract, payslips and records of allowances, overtime and deductions.
- Letters or messages about the injury, absence and pay.
- Insurance or employer communications about the claim.
- DOSHS correspondence and any payment certificate.
Keep originals and provide copies. A short chronology of dates, treatment and payments helps an advocate, an insurer and a court see the claim quickly, and it exposes gaps that should be filled before the file is submitted.
Disputes, objections and court proceedings
The DOSHS online portal provides routes to file a complaint and to raise a WIBA objection, and a claimant who disagrees with a decision should ask the county office to explain the current procedure before using them. The employer or insurer may also dispute liability, earnings, the degree of injury or whether the condition is work related. Put the dispute in writing, ask for the basis of the decision, and keep the response.
Not every dispute needs proceedings. Some are resolved through further medical evidence, a corrected earnings record or a re-assessment. Where they are not, the claim may have to go to court, and the correct forum depends on the claim and the relief sought. Take advice before issuing proceedings and check the time limits for each route, because they can expire while a claim is still being negotiated.
Timing, cost and when to involve an advocate
There is no single timetable. An accepted claim that is properly documented can be processed through the DOSHS route without court proceedings. A disputed claim, or one that needs medical assessment, can take substantially longer, and court proceedings add further time.
On cost, the DOSHS process involves administrative steps and medical expense rather than court filing. Court proceedings attract court fees and advocate’s fees, which are regulated. Ask for a written estimate of fees and disbursements before instructing an advocate.
Take advice early where the injury is serious, the employer denies the accident, the insurer disputes cover, the earnings record is incomplete, or a settlement is offered before the medical position is clear. The firm’s employment law practice in Nairobi advises employees and employers on workplace injury claims, recovering unpaid salary and the unfair dismissal process at the Employment and Labour Relations Court.
Primary sources
- Work Injury Benefits Act 2007, Kenya Law.
- Ministry of Labour and Skills Development: Occupational Safety and Health Services, for accident reporting and WIBA processing.
- Directorate of Occupational Safety and Health Services: frequently asked questions and online services.
This article is general information, not legal advice.